Smith v. F. B. Stearns Co.
This text of 192 A.D. 915 (Smith v. F. B. Stearns Co.) 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.
Opinion
Judgments and order unanimously affirmed, with costs. The complaint alleged that defendants were guilty of fraud in the representation which constituted the warranty and, therefore, in contracting the liability which was the basis of the action. In this respect the case differs from Novotny v. Kosloff (214 N. Y. 12), and falls within subdivision 4 of section 549 of the Code of Civil Procedure, and the consequence of failure to prove the fraud was loss of the action. The complaint was properly dismissed. Present — Jenks, P. J., Mills, Rich, Black-mar and Jaycox, JJ.
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192 A.D. 915, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-f-b-stearns-co-nyappdiv-1920.