Legal Opinion
Continental Insurance v. Equitable Trust Co.
New York Supreme Court
Decided February 20, 1930PublishedCited by 3 opinions
1Opinion of the CourtSherman, J.
Defendant’s motion is for judgment on the pleadings, which consist of the third amended complaint, the amended answer and the reply thereto. The action is for moneys paid to defendant by plaintiffs for bonds .of the Green Star Company. The sufficiency of the complaint has been upheld (127 Misc. 45; affd., 219 App. Div. 711).
*852• The action is predicated upon rescission because of misrepresentations claimed to have been made by defendant, and the failure of plaintiffs to restore to defendant the original bonds is excused by the fact pleaded that the bonds were of no value, and that at defendant’s…
2Cases cited5 opinions
- Schenck v. . State Line Telephone Co.New York Court of Appeals · 1924
- Clark v. KirbyNew York Court of Appeals · 1926
- Continental Insurance v. MercadanteAppellate Division of the Supreme Court of the State of New York · 1927
- Continental Insurance v. Equitable Trust Co.New York Supreme Court · 1926
- Continental Insurance v. MercadanteAppellate Division of the Supreme Court of the State of New York · 1929
3Cited by3 opinions
- People v. S. W. Straus & Co.New York Supreme Court · 1935
- The Continental Ins. v. The Equitable Trust Co.New York Supreme Court · 1930
- Continental Insurance v. Equitable Trust Co.Appellate Division of the Supreme Court of the State of New York · 1930