Permatex Co. v. Spencer

Appellate Division of the Supreme Court of New York

Permatex Co. v. Spencer

249 A.D. 850, 292 N.Y.S. 731, 1937 N.Y. App. Div. LEXIS 9987

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 22, 1937

StatusPublished

This text of 249 A.D. 850 (Permatex Co. v. Spencer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Permatex Co. v. Spencer, 249 A.D. 850, 292 N.Y.S. 731, 1937 N.Y. App. Div. LEXIS 9987 (N.Y. Ct. App. 1937).

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Opinion

Order granting defendant’s motion for judgment on the pleadings dismissing the complaint, and the judgment entered thereon, reversed on the law, with ten dollars costs and disbursements, and motion denied. The demand letters con[851]*851tained in the bill of particulars do not conclusively disprove the plaintiff’s theory of novation. The language used therein may, in the present state of the action, be deemed merely descriptive of the account and debt which furnish the basis of the alleged novation. Both parties should have an opportunity to present full proof on this subject on a trial. Laz&nsky, P. J., Carswell, Davis, Adel and Taylor, JJ., concur.

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Order granting defendant’s motion for judgment on the pleadings dismissing the complaint, and the judgment entered thereon, reversed on the law, with ten dollars costs and disbursements, and motion denied. The demand letters con[851]*851tained in the bill of particulars do not conclusively disprove the plaintiff’s theory of novation. The language used therein may, in the present state of the action, be deemed merely descriptive of the account and debt which furnish the basis of the alleged novation. Both parties should have an opportunity to present full proof on this subject on a trial. Laz&nsky, P. J., Carswell, Davis, Adel and Taylor, JJ., concur.

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Bluebook (online)

249 A.D. 850, 292 N.Y.S. 731, 1937 N.Y. App. Div. LEXIS 9987, Counsel Stack Legal Research, https://law.counselstack.com/opinion/permatex-co-v-spencer-nyappdiv-1937.