Legal Opinion

Standard Sewing Machine Co. v. Kattell

Appellate Division of the Supreme Court of the State of New York

Decided May 5, 1909PublishedCited by 4 opinions

Appeal by the plaintiff,. The Standard Sewing Machine Company, from an interlocutory judgment of the Supreme Court in favor of the ■ defendant, entered, in the office of the clerk of‘ the county of Broome on the 31st«day of December,. 1908,..upon, the decision of the court, rendered after a trial at the Broome. Special Term, overruling the plaintiff’s demurrer to certain parts of the defendant’s answer.

1Opinion of the Court

Smith, P. J.:

The complaint is fór damages for false and fraudulent representations made by the defendant for. the purpose of inducing the sale to the defendant -by the plaintiff of certain- sewing machines- and sewing, machine supplies, The. goods sold upon such fraudulent inducement amounted in, value to the sum*, of $42,60.0. Upon this amount certain payments have been made so- that at the time of the, commencement of the action there was due $17,667.98. Pbr this amount plaintiff demands judgment. The defendant served, an answer to this complaint which was afterwards superseded by an…

2Cases cited5 opinions

  1. Crawford v. BurkeSupreme Court of the United States · 1904
  2. Dawley v. . BrownNew York Court of Appeals · 1880
  3. Frey v. TorreyAppellate Division of the Supreme Court of the State of New York · 1902
  4. Frey v. . TorreyNew York Court of Appeals · 1903
  5. Cobb v. Cullen Bros. & Lewis Steel Co.Appellate Division of the Supreme Court of the State of New York · 1902

3Cited by4 opinions

  1. In re MargoliesCourt of Appeals for the Second Circuit · 1920
  2. Bushansky v. LantinbergAppellate Terms of the Supreme Court of New York · 1914
  3. Watts v. McDonaldMassachusetts District Court, Appellate Division · 1945
  4. Watts v. WardMassachusetts District Court, Appellate Division · 1942

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