Goldsmith v. National Container Corp.

We think it was error to grant summary judgment to the defendants-respondents.

The plaintiff chose an action at law as his remedy to recover money damages alleged to have been suffered by reason of the defendants’ fraud and conspiracy. As our decision must rest upon the pleadings and supporting affidavits, we pass directly to a consideration of facts alleged.

The defendant National Container Corporation — to which reference will be made as “ National ”— is a manufacturer of corrugated boxes. Its stockholders, directors and officers are the three individual defendants, Kipnis, Ginsberg and…