*1 650 MEMORANDA. 243 [Yol. shipped April until then via the óf Cape Hope. and Good The in question alleged was whether defendant certain provisions conversations had waived the as to time and route of shipment. H.

H. H. and Samuel for Nordlinger Hofstadter appellant.

Isidor Samuel Bawak for Schlesinger E. J. and respondent.

Judgment affirmed, with no costs; opinion. Ch. J., Cardozo,

Concur: His Mc- cock, Pound, and JJ. Lehman, Laughlin, Andrews Crane, Phillips v. (a Corporation), Respondent, & Sons Georgia Railway Company, Appellant.

Central of jurisdiction— n action — loss to Carriers recover of railroads — for trackage shipment —jurisdiction delay market railroad with in of from wholly without State. 797, App. Ry. Co., 216 Phillips Div. Central Ga. v. & Sons of affirmed. 16, (Argued 1926.) 22, 1926; decided November October judgment from a the permission, Appel- of by Appeal, judicial in the Supreme late of the Court first Division a April 24, 1926, which affirmed department, entered affirming' an order Appellate determination of the Term city denying of the York Municipal of the Court of New and and also a motion to vacate set aside the summons plaintiff. of of that court in favor affirming judgment a damages alleged to have been The action was to recover ship- in a arising delay market from caused a loss of by The Georgia New York. from to peaches ment of of the set aside the sum- motion to and service vacate the did not ground the that court upon mons was made of Central defendant, the the person of jurisdiction obtain summons, of by delivery the Company, Georgia Railway of foreign corporation and was the is a because defendant York the of New not on business within State carrying Municipal service. The attempted at the time of the of business that the transaction incidental Court held 651 MEMORANDA. Rep.] Y.N. was give within the State sufficient to our courts jurisdiction. *2 Montgomery appellant.

John S. for H. H. and Harold Nordlinger Biegelman for respondent. Judgment affirmed, costs; with no opinion.

Concur: His Ch. J., Pound, Crane, Andrews cock, McLaugh- and Lehman, Dissenting: JJ. and Cardozo JJ. lin, v. Blackstone Appellant, Motor Co.,

Esther Jenkins, Inc., Respondent. — — representations payment

Contract sale action to recover —false first ground by representations. on conditional sale on it was induced false App. 583, Jenkins v. Blackstone Motor Co., Inc., 216 Div. affirmed. (Submitted 22, 16, 1926; 1926.) October decided November Appeal from a judgment, May entered 14, 1926, upon an order of the Appellate Division of the Supreme Court in the third judicial department, reversing a judgment in of plaintiff favor entered a decision upon of the court at a Trial without a and jury directing Term a dismissal of the complaint. The action brought was to recover $800, the first payment made on a conditional con- sales tract under which agreed defendant to plain- sell and the tiff to buy brougham a automobile, and under which said automobile was subsequently retaken the defendant. by alleged The complaint by that the contract was induced representations false and fraudulent plaintiff made to the by agent. defendant’s Mangan

Thomas J. for appellant. Terry, Mack W. H. F. and C. L. Nehlsen Chamberlain respondent. for

Judgment affirmed, opinion. with no costs; Concur: J., Cardozo, His Ch. Mc- cock, Pound, and JJ. Laughlin, Crane, Lehman, Andrews