William Kennelly, Inc. v. Mehlman

Headnote

Bills, notes and checks — auction — fraud — false representations — action to recover upon check payment of which had been stopped — defense that it was procured by false representations.

Kennelly, Inc., v. Mehlman, 220 App. Div. 762 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 3, 1927, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The action was to recover upon a check payment of which had been stopped. The defense was that the check had been given as part of the purchase price of certain real property sold by the plaintiff to the defendant at public auction at which material misrepresentations were made as to the location of the premises, the title thereto, existing mortgages thereon, the rent roll and the nature of the building.