France & Canada Steamship Corp. v. Berwind-White Coal Mining Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Berwind-White Coal Mining Company, 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 1st day of August, 1918, overruling the demurrer to the amended complaint brought on as a contested motion under section 976 of the Code of Civil Procedure.
1Opinion of the Court
Page, J.:
The amended complaint sets forth three separate causes of action. The first is to recover damages for false and fraudulent representations alleged to have been made to induce the plaintiff to charter a vessel to the defendant for the purpose of carrying a cargo of coal from Hampton Roads, Va., to Rio Janeiro, Brazil. It is alleged that the defendant represented to the plaintiff that the defendant then had the necessary Federal export license; that the defendant was informed and knew that it would be necessary for the plaintiff to charter such vessel from a third party and to…
2Cases cited4 opinions
- Bowen v. . MandevilleNew York Court of Appeals · 1884
- Edison Electric Illuminating Co. v. Franklin H. Kalbfleisch Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Taft v. BronsonAppellate Division of the Supreme Court of the State of New York · 1917
- Fileman v. MooneyAppellate Division of the Supreme Court of the State of New York · 1918
3Cited by1 opinion
- Sommer v. EhrgottAppellate Division of the Supreme Court of the State of New York · 1920