Duggan v. Platz

The action was brought to rescind the sale of certain shares of stock in the corporate defendant made by plaintiff to the individual defendants, and to compel the individual defendants to account to the plaintiff and to the corporate defendant for their acts and for all profits and income realized by them.

The transaction between the parties took place in 1919. This action was not commenced until 1930. It is based upon fraud. The individual parties were the only stockholders in the corporate defendant, which operated a retail book store in Albany, N. Y. The intermingled affairs of all the…