· 5/3/1944
General Transportation Casualty & Surety Co. v. Commissioner of Motor Vehicles
Citations
- 267 A.D. 1010
- 48 N.Y.S.2d 522
- 1944 N.Y. App. Div. LEXIS 6038
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a representation of present fact which was “the inducement for the contract” and which was “collateral to” that contract, could support a claim of fraud
- holding that a representation of present fact which was “the inducement for the contract” and which was “collateral to” that contract could support a claim for fraud
- holding that a fraudulent misrepresentation \which was the inducement for the contract[ ] ... was neither duplicative\ of a contract claim, \nor barred by the general merger clause contained in the contract.\
- holding that a false promise to not resell goods outside a specific geographical area \constitute[d] a misrepresentation\ for purposes of fraud where geographical restrictions were not contained in the written agreement for the purchase of those goods
- holding that there was no duplication of damages in a claim for fraudulent inducement based on material misrepresentations that were collateral to the contract and were inducement for promisee to enter the contract
- stating that a promise made with a preconceived notion of not performing it constitutes a misrepresentation
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.