Appellate Division of the Supreme Court of New York, 1943

Damis v. Barcia

Damis v. Barcia
Appellate Division of the Supreme Court of New York · Decided March 3, 1943
266 A.D. 698; 40 N.Y.S.2d 107; 1943 N.Y. App. Div. LEXIS 3934
Damis v. Barcia

Opinion of the Court

Crapser, Bliss, Heffernan and Sehenck, JJ., concur; Hill, P. J., dissents, upon the authority of Phelps v. McQuade (220 N. Y. 232, 235). The plaintiffs were deceived as to the identity of the person with whom they dealt and to whom title to the automobiles passed. No checks were given as the documents were each postdated. (Lesser v. People, 73 N. Y. 78, 80.)

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