L. D. Garrett Co. v. Morton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the L. D. Garrett Company, from an interlocutory judgment of the Supreme Court in favor of the defendant, bearing date the 15th day of May, 1901, and entered in the office of the clerk of the county of New York, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining a demurrer to the complaint.
1Opinion of the Court
Patterson, J.:
The demurrer to the complaint in this action was sustained by the court below substantially on the ground that the transaction out of which the asserted cause of action arose was illegal and that the plaintiff being in pari delicto was not entitled to relief. The suit was brought for the rescission of a contract and the recovery of money paid to the defendant by the plaintiff under that contract. The right to rescind is predicated in the complaint upon certain false representations alleged to have been made by the defendant’s agents, which representations were the inducing cause…
2Cited by5 opinions
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- L. D. Garrett Co. v. AppletonAppellate Division of the Supreme Court of the State of New York · 1905
- L. D. Garrett Co. v. ClarkNew York Supreme Court · 1904
- Assets Realization Co. v. HowardNew York Supreme Court · 1911