TaiLexi AI U.S. Case Law

Atlantic Gulf & Pacific Co. v. McIntosh & Seymour Corp.

Atlantic Gulf and Pacific Company v. McIntosh & Seymour Corporation

Atl. Gulf & Pac. Co. v. McIntosh & Seymour Corp., 218 A.D. 653 (1926)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
December 31, 1926
Citations
218 A.D. 653219 N.Y.S. 1121926 N.Y. App. Div. LEXIS 5995

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

We think the complaint sets out a cause for deceit and that the damage is sufficiently alleged to come within the rule that the damages are such as are the natural consequence of the defendant’s act or default. Whether the precise rule of damage is invoked is not material to the question of whether or not a cause is alleged, and this must be left to the trial to determine. *654 The defenses set out are not sufficient, admitting plaintiff’s claim, to defeat the cause by way of confession and avoidance, and consequently should have been struck out of the answer.

The order should, therefore, be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs, with leave to the defendant to serve an amended answer within twenty days from service of order upon payment of said costs.

Present — Clarke, P. J., Dowling, Merrell, McAvoy and Burr, JJ.; Merrell and Burr, JJ., dissenting.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, with leave to the defendant to serve an amended answer within twenty days from service of order upon payment of said costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1939: 11958: 11966: 119392026peak 1939 · 1

Relies on it most ⓘ

  1. Daukas v. Shearson, Hammill & Co.26 A.D.2d 526 (1966)
  2. 422 W. 15th St., Inc. v. Estate of Bradish Johnson258 A.D. 227 (1939)
  3. Montague Associates, Inc. v. Gallo Wine Distributors, Inc.12 Misc. 2d 182 (N.Y. Sup. Ct. 1958)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list