Cohen v. Ellis
New York Supreme Court
I. Trial of issues raised by demurrer to complaint. Alfred A. Cohen sued the defendants, composing a firm of bankers in New York city, to rescind a syndicate agreement between the parties to this action and others.
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I. Trial of issues raised by demurrer to complaint. Alfred A. Cohen sued the defendants, composing a firm of bankers in New York city, to rescind a syndicate agreement between the parties to this action and others. In brief, plaintiff alleged that the defendants, being his bankers, induced him at a time when he was unable to give adequate personal attention to business, to join a syndicate, for which defendants were acting, in the purchase of the West Shore Railroad bonds, concealing the insolvency of the company, the i mperfect character of the loan secured by the bonds, and other…
1Opinion of the CourtVan Vorst, J.
This is a hearing upon a demurrer interposed by the defendants to the plaintiff’s complaint.
*325The grounds of demurrer are,
First. That there is a defect of parties defendant.
Second. That the complaint does not state facts sufficient to constitute a cause of action.
*326The principal relief sought by the plaintiff’s complaint is, that a certain syndicate agreement bearing date the first day of December, 1882, to which the *327plaintiff, the North River Const action Company, the defendants and others are parties, may be rescinded as between the plaintiff and the defendants, and that the *328defendants may be…
2Cases cited26 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Morris v. . RexfordNew York Court of Appeals · 1859
- Hammond v. . PennockNew York Court of Appeals · 1874
- Krumm v. . BeachNew York Court of Appeals · 1884
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3Cited by2 opinions
- Rose v. Merchants' Trust Co.New York Supreme Court · 1905
- Higgins v. CrouseNew York Supreme Court · 1892