Duggan v. Platz

Hill, P. J. (dissenting).

The defendants, Charles H. Platz and his wife, Elizabeth J. Platz, appeal from a portion of a judgment in plaintiff’s favor entered upon a decision made by a referee, wherein it was determined that, because of defendants’ fraud, she was entitled to have rescinded a contract made in May, 1919, where-under she transferred to these defendants seventy-six out of a total of one hundred and fifty shares of the capital stock of the corporate defendant. The report and decision of the referee contains the recital: “ The undersigned further reports that in pursuance of the…