Ritzwoller v. . Lurie
New York Court of Appeals
Appeal from a judgment, entered June 17, 1918, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which reversed an order of Special Term overruling demurrers to the complaint, sustained such demurrers and directed a dismissal of the complaint. ■ The nature of the action and the facts, so far as material, are stated in the opinion. The amended complaint contains all of the essentials of a good cause of action for rescission.
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Appeal from a judgment, entered June 17, 1918, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which reversed an order of Special Term overruling demurrers to the complaint, sustained such demurrers and directed a dismissal of the complaint. ■ The nature of the action and the facts, so far as material, are stated in the opinion. The amended complaint contains all of the essentials of a good cause of action for rescission. (Vail v. Reynolds, 118 N. Y. 297; Gould v. Cayuga Co. Nat. Bank, 86 N. Y. 75; Bosley v. N. M. Co., 123 N. Y. 550; Leary v.…
1Opinion of the Court
Hiscock, Ch. J.
This action was brought by the plaintiff seeking rescission of a subscription made by him for one hundred shares of the capital stock of the defendant corporation and to have repaid to him the sum of $10,000 paid on such subscription plus interest and less dividends; also to have rescinded a contract of employment made by him with said corporation with an accounting for damages claimed to have been sustained by him under said contract. This relief is sought upon the ground that the plaintiff was induced to make said subscription and contract by the fraudulent representations of…
2Cases cited1 opinion
- Adams v. . GilligNew York Court of Appeals · 1910
3Cited by39 opinions
- Channel Master Corp. v. Aluminium Limited Sales, Inc.New York Court of Appeals · 1958
- Sabo v. DelmanNew York Court of Appeals · 1957
- Adams v. ClarkNew York Court of Appeals · 1925
- Deyo v. . HudsonNew York Court of Appeals · 1919
- Demov, Morris, Levin & Shein v. GlantzNew York Court of Appeals · 1981
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