Legal Opinion
Downey v. Mallinson
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 1931PublishedCited by 6 opinions
1Opinion of the Court
Order granting defendants’ motion to dismiss the complaint on the ground that it is insufficient in law and the judgment entered thereon reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The action being one *704for rescission, it is not needful to allege injury or damage. (1 Page Cont. §§ 368 and 335; Harlow v. La Brum, 151 N. Y. 278; Stewart v. Lester, 49 Hun, 58.) The same elements are not needful in an action for rescission on the ground of false material representations as are necessary in an action for deceit.…
2Cases cited5 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Bloomquist v. . FarsonNew York Court of Appeals · 1918
- People Ex Rel. Gellis v. SheriffNew York Court of Appeals · 1929
- Harlow v. . La BrumNew York Court of Appeals · 1897
- People ex rel. Gellis v. SheriffAppellate Division of the Supreme Court of the State of New York · 1929
3Cited by6 opinions
- In re the Estate of WoolfsonNew York Surrogate's Court · 1936
- Kaufman v. JaffeeAppellate Division of the Supreme Court of the State of New York · 1935
- Gross v. State Cooperage Export Crating & Shipping Co.Appellate Division of the Supreme Court of the State of New York · 1969
- Krinsky v. Title Guarantee & Trust Co.Appellate Terms of the Supreme Court of New York · 1937
- Arouri v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1962
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