Talmadge v. Sanitary Security Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, John F. Talmadge, Darwin R. James and John W. James, respectively, from three judgments of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 7th day of October, 1897, in each of the above-entitled actions, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Cullen, J.:
These actions are brought to rescind the subscriptions of the several plaintiffs to the capital stock of the defendant and to recover the installments paid thereon. In its answers the defendant counterclaims for the unpaid amounts due on the subscriptions. The Special Term dismissed the complaints on the merits and rendered judgments in favor of the defendant for the balance of the subscriptions. From these judgments the plaintiffs appeal. The three cases involve substantially the same state of facts. They were tried together at the Special Term, and the appeals have been argued…
2Cases cited4 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Hammond v. . PennockNew York Court of Appeals · 1874
- Ellis v. . AndrewsNew York Court of Appeals · 1874
- People Ex Rel. Woodward v. . RosendaleNew York Court of Appeals · 1894
3Cited by5 opinions
- Munson v. FishburnCalifornia Supreme Court · 1920
- California Credit & Collection Corp. v. GoodinCalifornia Court of Appeal · 1926
- Ogden Valley Trout & Resort Co. v. LewisUtah Supreme Court · 1912
- L. D. Garrett Co. v. ClarkNew York Supreme Court · 1904
- Rose v. Merchants' Trust Co.New York Supreme Court · 1905