From Casetext: Smarter Legal Research

Herrmann v. Glens Falls Indem. Co. of Glens Falls

Appellate Division of the Supreme Court of New York, Second Department
Nov 4, 1938
255 App. Div. 854 (N.Y. App. Div. 1938)

Opinion

November 4, 1938.


Order denying defendant's motion to dismiss the complaint for failure to state a cause of action, etc., reversed on the law, with ten dollars costs and disbursements, and the motion granted, without costs, with leave to plaintiff to plead over within ten days from the entry of the order hereon, if so advised, upon payment of costs. It appears on the face of the complaint that plaintiff was bound to accept the bond in question, and it is immaterial that she was induced by false representations to do what she was bound to do. ( Deobold v. Oppermann, 111 N.Y. 531. ) Lazansky, P.J., Carswell, Adel, Taylor and Close, JJ., concur.


Summaries of

Herrmann v. Glens Falls Indem. Co. of Glens Falls

Appellate Division of the Supreme Court of New York, Second Department
Nov 4, 1938
255 App. Div. 854 (N.Y. App. Div. 1938)
Case details for

Herrmann v. Glens Falls Indem. Co. of Glens Falls

Case Details

Full title:KATHARINE C. HERRMANN, Respondent, v. GLENS FALLS INDEMNITY COMPANY OF…

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

Date published: Nov 4, 1938

Citations

255 App. Div. 854 (N.Y. App. Div. 1938)