EASTERN CAPITAL CORP. v. FREEMAN


10 Misc.2d 412 (1957)

Eastern Capital Corp., Plaintiff, v. Walter Freeman, Defendant.

Supreme Court, Trial Term, New York County.

November 1, 1957.


Attorney(s) appearing for the Case

Giddings, Keating & Reid for plaintiff.

David Haar and Gerald Resnick for defendant.


VINCENT A. LUPIANO, J.

This is an action on a contract of guarantee. The complaint alleges, in the same cause of action, breach of contract and fraud in the inducement. The avowed purpose of the charges of fraud is to bring the action within subdivision 9 of section 826 of the Civil Practice Act which authorizes arrest in a contract action where there has been fraud in the inception of the agreement. These allegations...

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