Wheaton v. Baker
New York Supreme Court
Action to recover the possession of personal property. The plaintiffs, on the 16th August, 1850, sold to one Zebina Judd 166 stoves, and a quantity of hollow ware pertaining to the stoves.
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Action to recover the possession of personal property. The plaintiffs, on the 16th August, 1850, sold to one Zebina Judd 166 stoves, and a quantity of hollow ware pertaining to the stoves. The purchase amounted to $2082,66. Judd, at the time of the purchase delivered to the plaintiffs two business notes'made by one James H. Mather, one dated June 11,1850, and amounting then to $1112,83, the other dated November 11,1849, amounting to $218,25, and upon which interest was allowed for six months, $46,58, and Judd gave his own note to balance the account, for $704,25. Judd disposed of 66 of the…
1Opinion of the Court
By the Court, Marvin, J.
He who has been induced to part with his property on a fraudulent contract, may, on disclaiming the fraud, avoid the contract and claim a return of his property. Fraud destroys the contract, and the fraudulent purchaser acquires no title. A party who would disaffirm a fraudulent contract must act promptly, upon discovering the fraud, and he must return or offer to return whatever he has received upon it. He cannot retain what he has received, if it is of any value, and proceed to recover the property fraudulently purchased of him. He must rescind the contract in toto,…
2Cases cited10 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Batman v. MegowanCourt of Appeals of Kentucky · 1859
- Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
- Whitney v. AllaireNew York Supreme Court · 1847
- Lloyd v. BrewsterNew York Court of Chancery · 1834
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3Cited by24 opinions
- Kinney v. . KiernanNew York Court of Appeals · 1872
- Stevens v. HydeNew York Supreme Court · 1860
- Judah v. Trustees of Vincennes UniversityIndiana Supreme Court · 1861
- Roth v. PalmerNew York Supreme Court · 1858
- White v. SeaverNew York Supreme Court · 1867
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