Hurst v. Trow's Printing & Bookbinding Co.
New York Court of Common Pleas
Appeal by defendants from the judgments in two actions, tried together, entered against them upon verdicts •directed by the court, and from orders denying motions for new trials. The actions were brought by Thomas D. Hurst against the Trow’s Printing and Bookbinding Company and Edward Lange, as indorsers of certain promissory notes made by John W. Lovell. The defendant’s answers set up the defense that the contract under which the notes had'been given had been rescinded.
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Appeal by defendants from the judgments in two actions, tried together, entered against them upon verdicts •directed by the court, and from orders denying motions for new trials. The actions were brought by Thomas D. Hurst against the Trow’s Printing and Bookbinding Company and Edward Lange, as indorsers of certain promissory notes made by John W. Lovell. The defendant’s answers set up the defense that the contract under which the notes had'been given had been rescinded. The further facts are fully stated in the opinion.
1Dissent
PRYOR, J. (dissenting)
I am unable to concur in the prevailing opinion.. The notes in suit were given in execution of the agreement of the 15th of June, 1892 ; but that *15contract was “ rescinded” and “ annulled” by the mutual •consent of the parties; and by consequence, all rights acquired under it ceased and determined.
A rescission of the contract imports proprio vigore a relinquishment of every benefit and a dissolution of every obligation dependent upon it; and by the act of rescission each party is restored to his original position and relation. It is a contradiction in terms to assert a…
2Cases cited49 opinions
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Nichols v. . MichaelNew York Court of Appeals · 1861
- McCreery v. . DayNew York Court of Appeals · 1890
- Knappen v. FreemanSupreme Court of Minnesota · 1891
- Bookstaver v. . JayneNew York Court of Appeals · 1875
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