Legal Opinion
State v. Cass
Supreme Court of New Jersey
Decided November 15, 1889PublishedCited by 4 opinions
On certiorari to the Essex Common Pleas.
1Opinion of the Court
The opinion of the court was delivered by
Reed, J.
Catharine E. Cass brought an action against Samuel Cummings, Jr., in the Second District. Court of Newark, for the recovery of the sum of $125, the price which she had paid for a horse purchased by her of Cummings.
The gravamen of the demand of the plaintiff was, that such sale was brought about by the fraudulent representation of *78the defendant, which fraudulent conduct conferred upon her the right of rescission, and that in the exercise of such right she tendered back the animal and demanded a return of the consideration paid, and that the…
2Cases cited9 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Marsh v. FalkerNew York Court of Appeals · 1869
- Wakeman v. . DalleyNew York Court of Appeals · 1872
- Oberlander v. . SpiessNew York Court of Appeals · 1871
- Milliken v. ThorndikeMassachusetts Supreme Judicial Court · 1869
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Baker v. Berry Hill Mineral Springs Co.Supreme Court of Virginia · 1909
- Rochford v. BarrettSouth Dakota Supreme Court · 1908
- SCHLOSSMAN'S, INC. v. NiewinskiNew Jersey Superior Court Appellate Division · 1951
- Theodore the Florist Co. v. DA Schulte, Inc.New Jersey Superior Court Appellate Division · 1952