Driggs v. Hendrickson
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, fifth district, entered on a verdict directed in favor of the plaintiff.
1Opinion of the CourtGuy, J.
In this action to recover rent under a written lease the learned trial justice correctly ruled that as the defendant had continued in possession of the demised premises for several months after the beginning of the term with knowledge of the falsity of statements alleged to have been fraudulently made by the plaintiff as an inducement to the making of the lease the defense of fraud was unavailing. To maintain such defense prompt rescission on the part of the defendant was essential.
■ The same facts relied upon by the defendant to constitute the defense of fraud were also pleaded as a basis…
2Cases cited3 opinions
- Pryor v. . FosterNew York Court of Appeals · 1891
- Powell v. F. C. Linde Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Potts v. LambieAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by3 opinions
- 422 W. 15th St., Inc. v. Estate of Bradish JohnsonAppellate Division of the Supreme Court of the State of New York · 1939
- Schlenoff v. KrollCity of New York Municipal Court · 1955
- Sixth Avenue Twenty-third Street Corp. v. DaneAppellate Terms of the Supreme Court of New York · 1915