Weeks v. Whitney
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Fred C. Whitney, from an order of the Supreme Court, made at the New York Special Term and entered in- the office of the clerk of the county of New York on the 10th day of August, 1911, denying the defendant’s motion to vacate an order for his examination before trial.
1Opinion of the Court
Laughlin, J.:
This action was brought to recover on three promissory notes made by the defendant to the order of the plaintiff. The mak*622ing and delivery of the notes are admitted; but the defendant alleges as a separate and distinct defense that the notes were given in part payment of certain pictures which he was induced to purchase of the plaintiff by false and fraudulent representations, and that on discovering that the representations made to him by the plaintiff were false and fraudulent he rescinded the purchase and tendered back the pictures.
The only basis for the order for the…
2Cited by6 opinions
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- Van Riper v. RayNew York Supreme Court · 1914
- Century Holding Co. v. Ebling Brewing Co.Appellate Terms of the Supreme Court of New York · 1915
- Horenstein v. MarksAppellate Division of the Supreme Court of the State of New York · 1913
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