From Casetext: Smarter Legal Research

Matter of Cheney Brothers v. Joroco Dresses, Inc.

Appellate Division of the Supreme Court of New York, First Department
Dec 31, 1926
218 A.D. 652 (N.Y. App. Div. 1926)

Opinion

December 31, 1926.

Appeal from Supreme Court of New York County.

Max D. Steuer of counsel [ Maurice Deiches with him on the brief; Deiches, Goldwater Flynn, attorneys], for the appellant.

Robert P. Levis, for the respondent.

Present — CLARKE, P.J., DOWLING, MERRELL, McAVOY and MARTIN, JJ.; MERRELL and MARTIN, JJ., dissent.


The order should be reversed, with ten dollars costs and disbursements, and the motion to compel arbitration denied, with ten dollars costs, on the ground that the question as to whether or not the contract was fraudulently induced raises an issue of fact which must be tried before the right to arbitration under the contract may be enforced. If the contract was voided by fraud, the arbitration provision therein falls.


Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.


Summaries of

Matter of Cheney Brothers v. Joroco Dresses, Inc.

Appellate Division of the Supreme Court of New York, First Department
Dec 31, 1926
218 A.D. 652 (N.Y. App. Div. 1926)
Case details for

Matter of Cheney Brothers v. Joroco Dresses, Inc.

Case Details

Full title:In the Matter of the Application of CHENEY BROTHERS, Respondent, for an…

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

Date published: Dec 31, 1926

Citations

218 A.D. 652 (N.Y. App. Div. 1926)
219 N.Y.S. 96

Citing Cases

Trubowitch v. Riverbank Canning Co.

" (Followed in Application of Jacoby, 33 N.Y.S.2d 621; see Cheney Bros. v. Joroco Dresses, 218 App. Div. 652…

Robert Lawrence Co. v. Devonshire Fabrics

Perhaps the Court of Appeals would have arrived at a different result had it been construing the somewhat…