Zimmele v. American Plaster Board Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the American Plaster Board Company and George W. Sessions, from a judgment of the Supreme Court in favor of the plaintiff and the defendant, The Eastern Plaster Board Company, entered in the office of the clerk of the county of New York on the 24th day of August, 1895, upon the verdict of-a jury rendered after a trial at the New York Circuit, and also from an order entered in said clerk’s office on the 10th day of ‘June, 1895, denying the…
Read the full summary
Appeal by the defendants, the American Plaster Board Company and George W. Sessions, from a judgment of the Supreme Court in favor of the plaintiff and the defendant, The Eastern Plaster Board Company, entered in the office of the clerk of the county of New York on the 24th day of August, 1895, upon the verdict of-a jury rendered after a trial at the New York Circuit, and also from an order entered in said clerk’s office on the 10th day of ‘June, 1895, denying the defendants’ motion for a new trial upon the minutes.
1Opinion of the Court
Barrett, J.:
This is not an action for damages for deceit. We agree with the respondent that the plaintiff is suing to recover “ what he parted with ” upon the theory of a disaffirmance. The complaint proceeds upon that theory in its averment that, upon learning of the fraud, the plaintiff demanded back his money, and offered to surrender all his claim upon the stock. The learned judge acted upon that theory with regard to the rule of damages, and tiie jury applied it by rendering a verdict for the amount paid with interest. Indeed, if the action had been for damages for fraud, the recovery…
2Cases cited2 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by1 opinion
- Davis v. LeveringAppellate Division of the Supreme Court of the State of New York · 1915