Comings v. Cypress Knitting Mills, Inc.

Full title: CELIA M. COMINGS, Respondent, v . CYPRESS KNITTING MILLS, INC., and…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 1, 1913

160 App. Div. 875 (N.Y. App. Div. 1913)

Opinion

December, 1913.

Present — Ingraham, P.J., McLaughlin, Laughlin, Dowling and Hotchkiss, JJ.; Dowling, J., dissented.

Order affirmed, with ten dollars costs and disbursements. No opinion.

DOWLING, J. (dissenting):

I dissent upon the ground that the only allegation of the complaint upon which such an action as this could be predicated is that it was represented that the defendant corporation owned net assets of the market value of $3,300, and there is no further allegation of the falsity of that representation.