Lutus v. Labor

On July 25, 1925, plaintiff instituted an action in the Supreme Court, by the service of a summons and complaint, in which he seeks to recover $13,000 damages for fraud and misrepresentation.

About a month later, after issue had been joined herein, the defendant brought an action in the City Court to recover the sum of $1,824.90 for goods sold and delivered.

The fraud alleged in the Supreme Court action arose in part out of the transactions set forth by the defendant in his pleading in the City Court. The plaintiff herein alleges misrepresentation in the sale of the goods upon which the…