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· 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).

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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.