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Thomas v. Murphy

Appellate Division of the Supreme Court of New York, First Department
May 17, 1955
285 App. Div. 1135 (N.Y. App. Div. 1955)

Opinion

May 17, 1955.


Order unanimously modified so as to strike out the second and third defenses and, as so modified, affirmed, with $20 costs and disbursements to the appellant, with leave to replead. The defenses are insufficient in failing to allege defendants' compliance with the contract and the law in the sale of goods stored. The plea of limited liability asserted in the third defense is unavailable to defendants in an action for conversion. Settle order on notice.

Concur — Peck, P.J., Callahan, Breitel, Bastow and Rabin, JJ.


Summaries of

Thomas v. Murphy

Appellate Division of the Supreme Court of New York, First Department
May 17, 1955
285 App. Div. 1135 (N.Y. App. Div. 1955)
Case details for

Thomas v. Murphy

Case Details

Full title:VALARIE THOMAS, Appellant, v. BENJAMIN MURPHY et al., Respondents

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

Date published: May 17, 1955

Citations

285 App. Div. 1135 (N.Y. App. Div. 1955)