Barber v. Kendall
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Amzi L. Barber, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Richmond on the 6th day of August, 1895, upon the decision of the court rendered after a trial at the Richmond Special Term dismissing the complaint upon the merits.
1Opinion of the Court
Cullen, J.:
This is an appeal from a judgment of the Special Term dismissing the plaintiff’s complaint on the merits. The action is to rescind a contract under which the plaintiff conveyed to the defendant certain real estate, and to compel a reconveyance by the defendant to the plaintiff, on the allegation that the plaintiff was induced to enter into the contract by false and fraudulent representations made by the defendant. The defendant answered denying the fraud, and also set up as a bar to the action a judgment between the parties, recovered by the plaintiff under the following…
2Cases cited3 opinions
- Pray v. . HegemanNew York Court of Appeals · 1885
- Cobb v. . HatfieldNew York Court of Appeals · 1871
- Whitney v. AllaireNew York Supreme Court · 1847
3Cited by2 opinions
- Johnston v. JohnstonNew York Supreme Court · 1928
- Hogle v. SmithSupreme Court of Iowa · 1907