Legal Opinion

L. D. Garrett Co. v. McComb

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901PublishedCited by 3 opinions

Appeal by the plaintiff, the L. D. Garrett Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 11th day of December, 1900, upon the decision of the court, rendered after a trial at the Hew York Special Term, dismissing the complaint upon the merits.

1Opinion of the Court

Hatch, J.:

This is an action in equity to set aside and rescind a sale of corporation stock made by the defendant to the plaintiff, and for the recovery of the purchase price, upon the ground that the purchase" was induced by false and fraudulent representations as to the condition of the corporation issuing the stock.

The defendant was a stockholder and director of the Traders’ Fire Insurance Company. In April, 1900, one of the directors and managers of the company called upon the president of the plaintiff and informed him that the directors.of the Traders’ Fire Insurance. Company had…

2Cases cited4 opinions

  1. Hamlin v. . SearsNew York Court of Appeals · 1880
  2. Smith v. . TracyNew York Court of Appeals · 1867
  3. Argersinger v. . MacNaughtonNew York Court of Appeals · 1889
  4. Lansing v. ColemanNew York Supreme Court · 1871

3Cited by3 opinions

  1. L. D. Garrett Co. v. MortonNew York Supreme Court · 1901
  2. L. D. Garrett Co. v. AppletonAppellate Division of the Supreme Court of the State of New York · 1905
  3. L. D. Garrett Co. v. ClarkNew York Supreme Court · 1904

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