J. C. Turner Lumber Co. v. Lacey
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiffs, J. C. Turner Lumber Company and another, for a reargument of an appeal, or, in the alternative, for leave to appeal to the Court of Appeals, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 30th day of December, 1921, upon an order granting defendants’ motion for judgment on the pleadings, and also from an order entered in said clerk’s office on the 26th day of…
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Motion by the plaintiffs, J. C. Turner Lumber Company and another, for a reargument of an appeal, or, in the alternative, for leave to appeal to the Court of Appeals, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 30th day of December, 1921, upon an order granting defendants’ motion for judgment on the pleadings, and also from an order entered in said clerk’s office on the 26th day of September, 1921, granting defendants’ motion for judgment on the pleadings and directing judgment in favor of defendants…
1Opinion of the Court
Page, J.:
The motion for reargument is predicated upon the supposition that the court, in deciding the appeal (199 App. Div. 534), overlooked or misapprehended the force and effect of Mack v. Latta (178 N. Y. 525) and Lehman-Charley v. Bartlett (135 App. Div. 674; affd., 202 N. Y. 524).
The court did not overlook those cases, which were cited on the briefs; nor did the court misapprehend their force and effect. Those actions were in equity against the principal for a rescission of the purchase of and subscription for stock of a corporation, respectively, on the ground of fraud, as against the…
2Cases cited5 opinions
- Vail v. . ReynoldsNew York Court of Appeals · 1890
- Mack v. . LattaNew York Court of Appeals · 1904
- Lehman-Charley v. BartlettAppellate Division of the Supreme Court of the State of New York · 1909
- J. C. Turner Lumber Co. v. LaceyAppellate Division of the Supreme Court of the State of New York · 1922
- Lehman-Charley v. . BartlettNew York Court of Appeals · 1911
3Cited by2 opinions
- Meredith v. RamsdellSupreme Court of Colorado · 1963
- Oleshko v. New York State Liquor AuthorityAppellate Division of the Supreme Court of the State of New York · 1967