Schweinler v. Earl
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles Schweinler, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 19th day of October, 1916, setting aside a verdict in favor of the plaintiff and directing a verdict in favor of defendants dismissing the complaint upon the merits, and also from the judgment entered in said clerk’s office on the 3d day of November, 1916, dismissing the complaint pursuant to…
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Appeal by the plaintiff, Charles Schweinler, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 19th day of October, 1916, setting aside a verdict in favor of the plaintiff and directing a verdict in favor of defendants dismissing the complaint upon the merits, and also from the judgment entered in said clerk’s office on the 3d day of November, 1916, dismissing the complaint pursuant to said order, and also an appeal is taken from said judgment as amended, which amended judgment was entered in said…
1Opinion of the Court
Dowling, J.:
The action was brought to recover the sum of $20,750 damages based upon the rescission of a contract whereby plaintiff purchased for that amount 100 shares of stock of the National Nassau Bank, the rescission being based on fraud in that false and fraudulent representations were made to plaintiff to induce him to buy the stock, the representations being made by the defendant Earl personally, and by the other defendants (constituting the firm of Taylor, Smith & Hard) through said Earl as their agent. These representations were as follows: That the National Nassau Bank was then in…
2Cases cited1 opinion
- Hart v. . Hudson River Bridge CompanyNew York Court of Appeals · 1880
3Cited by2 opinions
- Wilmington Trust Co. v. Travelers Ins.District Court, D. Delaware · 1952
- Pioneer Credit Corp. v. San MiguelAppellate Division of the Supreme Court of the State of New York · 1949