Rives v. . Bartlett
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 14, 1913, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The making of the representations by the defendants, knowledge of their falsity, and actual intent to deceive and defraud, must be established and found.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 14, 1913, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The making of the representations by the defendants, knowledge of their falsity, and actual intent to deceive and defraud, must be established and found. (Taylor v. Comcl. Bank, 174 N. Y. 181; Kuelling v. Lean Mfg. Co., 183 N. Y. 78; Hotchkin v. T. Nat. Bank, 127 N. Y. 329;…
1Opinion of the CourtMiller, J.
This is an action to rescind the purchase of stock of the defendant corporation, The Reade-Duane Cold Storage Company, and to recover from the corporation and its directors the amount paid on the ground that the purchase was induced by false and fraudulent statements in a circular or prospectus alleged to have been issued and circulated by the defendants. In an action brought by one Lehman-Charley against the same defendants, based on the same circular, a recovery was sustained by the Appellate Division and by this court. (135 App. Div. 674; 202 N. Y. 524.) In that action the appellants…
2Cases cited3 opinions
- Arthur v. . GriswoldNew York Court of Appeals · 1874
- Downey v. . FinucaneNew York Court of Appeals · 1912
- Lehman-Charley v. BartlettAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by16 opinions
- Reno v. . BullNew York Court of Appeals · 1919
- Ellingson v. World Amusement Service Assn. Inc.Supreme Court of Minnesota · 1928
- Salzano v. PellilloAppellate Division of the Supreme Court of the State of New York · 1957
- Swanson v. McQuownSupreme Court of Colorado · 1959
- Marks v. KelloggAppellate Division of the Supreme Court of the State of New York · 1915
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