Dennin v. Woodbury
New York Supreme Court
Demurrer to the complaint. This action is brought by the plaintiff’s assignors to rescind for false representations subscriptions to bonds of the United States Independent Telephone Company carrying with them certain voting trust certificates representing stock of the company and to recover the amounts paid therefor by plaintiff’s assignors.
Read the full summary
Demurrer to the complaint. This action is brought by the plaintiff’s assignors to rescind for false representations subscriptions to bonds of the United States Independent Telephone Company carrying with them certain voting trust certificates representing stock of the company and to recover the amounts paid therefor by plaintiff’s assignors. There are forty-six separate causes of action enumerated in the complaint each based upon a separate purchase, all of which have been assigned to the plaintiff subject to retainer agreements. The complaint is based upon false representations and fraud in…
1Opinion of the CourtRodenbeck, J.
The records of this court show that judgments have been recovered in actions at law growing out of the same transactions upon which the present complaint is based. Downey v. Finucane, 205 N. Y. 251; Lane v. Fenn, 65 Misc. Rep. 336. It appears that other parties have found an adequate remedy at law for relief from transactions which-the plaintiff claims it is necessary to resort to a court of equity to obtain. It is fundamental that no recourse to a court of equity will be permitted where a party has a full and complete remedy at law.
On this demurrer to the plaintiff’s complaint the plaintiff…
2Cases cited12 opinions
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- O'Brien v. . FitzgeraldNew York Court of Appeals · 1894
- Schiffer v. . DietzNew York Court of Appeals · 1881
- Hardt v. HeidweyerSupreme Court of the United States · 1894
- Downey v. . FinucaneNew York Court of Appeals · 1912
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Georgia-Carolina Gravel Co. v. BlassingameSupreme Court of South Carolina · 1924
- Georgia-Carolina Gravel Co. v. BlassingameSupreme Court of South Carolina · 1924
- Peters v. United Holding Corp.New York Supreme Court · 1931