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Modern Folding Carton Corp. v. Laddie Boy Dog Food, Inc.

4 A.D.2d 769 Court N.Y. App. Div. Decision date 1957-07-08 English

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p. 769
Modern Folding Carton Corp., Appellant, v. Laddie Boy Dog Food, Inc., Formerly Known as Atlas Canning Co., Inc., Respondent.

In an action to recover for goods manufactured for, sold and delivered to respondent (first and second causes of action) and for cancellation of a credit memorandum on the ground of fraud and for damages therefor (third and fourth causes of action), the appeal is from so much of a judgment as dismissed the first, third and fourth causes of action and limited appellant’s recovery on the second cause of action by a setoff. Judgment unanimously affirmed, with costs. No opinion. Present — Nolan, P. J., Wenzel, Beldock, Murphy and Kleinfeld, JJ.