Whitton Automotive Parts Co. v. Yale Eectric Corp.

Appellate Division of the Supreme Court of New York

Whitton Automotive Parts Co. v. Yale Eectric Corp.

227 A.D. 611

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

DecidedJune 15, 1929

DocketAppeal No. 1

StatusPublished

This text of 227 A.D. 611 (Whitton Automotive Parts Co. v. Yale Eectric Corp.) 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

Whitton Automotive Parts Co. v. Yale Eectric Corp., 227 A.D. 611 (N.Y. Ct. App. 1929).

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Opinion

—Order granting motion to strike out portions of amended answer affirmed, with ten dollars costs and disbursements. In our opinion the charge complained of at least imported insolvency and so was libelous per se (See Hynds v. Fourteenth Street Store, 159 App. Div. 766, 775, and cases there cited); paragraphs 5 to 19, inclusive, of the amended answer, however, to stand in support of the partial defense in mitigation of damages; defendant, if so advised, to have the privilege of serving within twenty days, upon pasmen t of costs to date, a further amended answer alleging that the acts complained of were made in good faith and without malice. Lazansky, P. J., Rich, Young, Kapper and Seeger, JJ., concur.

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—Order granting motion to strike out portions of amended answer affirmed, with ten dollars costs and disbursements. In our opinion the charge complained of at least imported insolvency and so was libelous per se (See Hynds v. Fourteenth Street Store, 159 App. Div. 766, 775, and cases there cited); paragraphs 5 to 19, inclusive, of the amended answer, however, to stand in support of the partial defense in mitigation of damages; defendant, if so advised, to have the privilege of serving within twenty days, upon pasmen t of costs to date, a further amended answer alleging that the acts complained of were made in good faith and without malice. Lazansky, P. J., Rich, Young, Kapper and Seeger, JJ., concur.

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227 A.D. 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitton-automotive-parts-co-v-yale-eectric-corp-nyappdiv-1929.

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