Thomas v. Murphy

Appellate Division of the Supreme Court of New York

Thomas v. Murphy

285 A.D. 1135, 141 N.Y.S.2d 925, 1955 N.Y. App. Div. LEXIS 6891

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

DecidedMay 17, 1955

StatusPublished

This text of 285 A.D. 1135 (Thomas v. Murphy) 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

Thomas v. Murphy, 285 A.D. 1135, 141 N.Y.S.2d 925, 1955 N.Y. App. Div. LEXIS 6891 (N.Y. Ct. App. 1955).

Pincite

Opinion

Order unanimously modified so as to strike out the second and third defenses and, as so modified, affirmed, with $20 costs and disbursements to the appellant, with leave to replead. The defenses are insufficient in failing to allege defendants’ compliance with the contract and the law in the sale of goods stored. The plea of limited liability asserted in the third defense is unavailable to defendants in an action for conversion. Settle order on notice. Concur — Peck, P. J., Callahan, Breitel, Bastow and Rabin, JJ.

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Order unanimously modified so as to strike out the second and third defenses and, as so modified, affirmed, with $20 costs and disbursements to the appellant, with leave to replead. The defenses are insufficient in failing to allege defendants’ compliance with the contract and the law in the sale of goods stored. The plea of limited liability asserted in the third defense is unavailable to defendants in an action for conversion. Settle order on notice. Concur — Peck, P. J., Callahan, Breitel, Bastow and Rabin, JJ.

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Bluebook (online)

285 A.D. 1135, 141 N.Y.S.2d 925, 1955 N.Y. App. Div. LEXIS 6891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-murphy-nyappdiv-1955.