Alexander Hamilton Institute v. Huston

Full title: ALEXANDER HAMILTON INSTITUTE, Appellant, v. CHESTER HUSTON, Respondent

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

Date published: May 27, 1938

254 App. Div. 729 (N.Y. App. Div. 1938)

Opinion

May 27, 1938.

Appeal from Supreme Court, New York County.

Present — Martin, P.J., O'Malley, Glennon, Untermyer and Dore, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements, and motion granted.

The order denied plaintiff's motion for summary judgment.

PER CURIAM.

The defendant's correspondence establishes beyond possibility of contradiction the defendant's liability to the plaintiff. It is so repugnant to the defense of fraud which is asserted in the answer, as to require the conclusion that that defense is a mere afterthought and sham.

The order should be reversed, with twenty dollars costs and disbursements and the motion granted.