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Royal Discount Corp. v. Luxor Motor Sales Corp.

Royal Disc. Corp. v. Luxor Motor Sales Corp., 9 Misc. 2d 307 (1957)
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Court
Appellate Terms of the Supreme Court of New York · State Appellate Courts
Decided
December 19, 1957
Citations
9 Misc. 2d 307170 N.Y.S.2d 3821957 N.Y. Misc. LEXIS 1935

Opinion of the Court

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

Per Curiam.

An assignment of a retail installment contract, by which the seller warrants that the cash down payment specified as having been paid by the purchaser was actually paid, is breached when the proof establishes that the down payment was in fact less than the amount so warranted (Commercial Credit Corp. v. Third & Lafayette Sts. Garage, 226 App. Div. 235 ; Northeast Discount Corp. v. Queens Hill Motors, 150 N. Y. S. 2d 848).

The terms “costs” and “expenses” as employed in the assignment agreement do not include attorney’s fees, and attorney’s fees are not recoverable in the absence of express language in the contract or statute (Hayman v. Morris, 37 N. Y. S. 2d 884).

The judgment should be reversed, with $30 costs, and judgment directed for the plaintiff in the sum of $426.13, with interest and costs.

Hofstadter, Steher and Hecht, JJ., concur.

Judgment reversed, etc.

How later courts describe this case

Explanatory parentheticals written by citing courts — 4 in all; the most informative distinct ones are shown.

Cited by 12 cases

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1973: 21983: 11989: 21992: 11997: 11998: 12002: 22010: 12023: 119732026peak 1973 · 2

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 1

DepthCaseCited by
Commercial Credit Corp. v. Third & Lafayette Sts. Garage, Inc., 226 A.D. 235 (1929) 9

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