Merritt v. Mayfield
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Ella Mayfield and others, from a jtidg-ment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 3d day of March, 1903, upon the decision of the court rendered after a trial at the Nassau Special Term, and also from an order entered in said clerk’s office on the 19th day of February, 1903, resettling an order denying the defendants’ motion for a new trial upon the ground of surprise and…
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Appeal by the defendants, Ella Mayfield and others, from a jtidg-ment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 3d day of March, 1903, upon the decision of the court rendered after a trial at the Nassau Special Term, and also from an order entered in said clerk’s office on the 19th day of February, 1903, resettling an order denying the defendants’ motion for a new trial upon the ground of surprise and newly-discovered evidence.
1Opinion of the Court
Hooker, J.:
This action, based iipon misrepresentation and fraud, was brought to procure the rescission , of a contract of exchange of properties entered into by the plaintiff and the defendant Mayfield, and the annulment and avoiding of certain transfers made by them, pursuant to the terms of the contract, and for a decree directing the defendant Mayfield to repay to the plaintiff the sum of $1,600 received by her as part of the consideration moving to her under the terms of that contract. The trial resulted in a decision in plaintiff’s favor, upon which a judgment was entered annulling the…
2Cases cited2 opinions
- Messenger v. Fourth National BankNew York Court of Common Pleas · 1875
- Rubenfeld v. RabinerAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Simpson v. HefterAppellate Terms of the Supreme Court of New York · 1904