Construction Reporter Co. v. Crowninshield
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the District Court in the city of Hew York for the Eleventh Judicial District. Action to recover upon a contract in writing whereby the defendant promised, to pay in installments for certain trade informa^ tion to be imparted to him.
1Opinion of the CourtBischoff, J.
The parties entered into a contract in writing whereby the plaintiff agreed to furnish certain trade information to the defendant, and the latter promised to pay $50, quarterly, therefor. At the commencement of the second' quarter the payment was not made, and this action was brought to recover the amount then claimed to be due in advance.
Two defenses were litigated, one as, to the entirety of the contract, and another ■ based upon fraud of the plaintiff’s agent in inducing the contract.
While it is without doubt the province of the District Courts to entertain the defense of fraud in an…
Also in this document: Concurrence.
2Cases cited2 opinions
- Estelle v. DinsbeerNew York Court of Common Pleas · 1894
- Kley v. HealyNew York Court of Common Pleas · 1894