PERLMUTTER v. TIMELY TOYS, INC.


8 A.D.2d 834 (1959)

Isidor Perlmutter et al., as Copartners Doing Business under the Name of I. & E. Perlmutter, Appellants, v. Timely Toys, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 15, 1959


Order modified by striking the word "denied" from the first ordering paragraph and by substituting therefor the words "granted and the said counterclaim is hereby dismissed". As so modified, order insofar as appealed from affirmed, with $10 costs and disbursements to appellants.

Under settled authority, respondent may not recover for the services voluntarily rendered. No person can make himself a creditor of another by voluntarily discharging a duty which belongs...

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