Jermyn v. Searing
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Empire Trust Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 30th day of June, 1913, upon the decision of the court after a trial at the New York Special Term.
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Appeal by the defendant, The Empire Trust Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 30th day of June, 1913, upon the decision of the court after a trial at the New York Special Term. The action was brought to enjoin the defendants from assigning or pledging an instrument in the nature of a subscription to a syndicate agreement, from instituting any action thereon, and for the cancellation and delivery over of said instrument as void. The defendants Searing and others also took an appeal, which…
1Opinion of the Court
Clarke, J.:
This is an action in equity against the persons formerly constituting the banking firm of Searing & Co., and the Empire Trust Company, to secure the cancellation and surrender of a certain subscription or syndicate agreement dated March 12, 1907, for the purchase of $6,000,000 of bonds of the then proposed Delaware and Eastern Railway Company, on the ground that the plaintiff’s subscription thereto had been obtained by false representations by Searing & Co., and without consideration; that the plaintiff, having learned and been informed sixteen days after he had subscribed to the…
2Cases cited7 opinions
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Bank of Batavia v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1887
- Griswold v. . HavenNew York Court of Appeals · 1862
- Central Trust Co v. West India Improvement Co.New York Court of Appeals · 1901
- Commercial Wood & Cement Co. v. Northampton Portland Cement Co.Appellate Division of the Supreme Court of the State of New York · 1906
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3Cited by3 opinions
- Hallgarten v. WolkensteinAppellate Division of the Supreme Court of the State of New York · 1923
- Utica Trust & Deposit Co. v. SuttonAppellate Division of the Supreme Court of the State of New York · 1930
- Callophone Co. v. A. Jaeckel & Co.New York City Court · 1928