Rummell v. Blanchard
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Jacob Bummell and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on" the 31st day of March, 1916, denying their motion for leave to serve a supplemental complaint.
1Opinion of the Court
McLaughlin, J.:
Action in replevin to recover 200 cases of shellac. At the commencement of the action the plaintiffs executed the usual undertaking and took the shellac—which they still have — into their possession. The present defendants were subsequently substituted as parties defendants and an amended complaint was served, which now stands as the complaint in the action. The cause of action alleged is predicated upon the fact that George A. Alden & Go. obtained possession of the-shellac by fraud from the plaintiffs who, for that reason, were entitled to rescind the contract of sale and…
2Cases cited3 opinions
- John D. Park & Sons Co. v. HubbardNew York Court of Appeals · 1910
- John D. Park & Sons Co. v. HubbardAppellate Division of the Supreme Court of the State of New York · 1909
- Lafayette Trust Co. v. PeckAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by2 opinions
- Trempe v. PerlmanAppellate Division of the Supreme Court of the State of New York · 1919
- Bishop v. TaylorAppellate Division of the Supreme Court of the State of New York · 1924