L. D. Garrett Co. v. Astor
Appellate Division of the Supreme Court of the State of New York
• Appeal by the defendant, John Jacob Astor, from an interlocutory 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 8th day of April, 1901, upon the decision of the court, rendered after a trial at the New York Special Term, overruling a demurrér to the complaint.
1Opinion of the Court
Hatch, J.:
The action is brought in equity for the rescission of a contract for the sale by the defendant of stock of the Traders’ Fire Insurance Company and for the recovery of the purchase price of such stock, The action is properly brought and has authority for its support. (Bosley v. N. M. Co., 123 N. Y. 550.) The ground of demurrer is that two causes of action have been improperly united, one being based upon alleged fraud on the part of the defendant and the other upon the mutual mistake of the parties. We think the defendant incorrect in his construction of the pleading, Whether such…
2Cases cited6 opinions
- Kountze v. . KennedyNew York Court of Appeals · 1895
- Williams v. United StatesSupreme Court of the United States · 1891
- Bosley v. National MacHine Co.New York Court of Appeals · 1890
- Birdseye v. SmithNew York Supreme Court · 1860
- Everitt v. . ConklinNew York Court of Appeals · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Mutual Life Insurance v. McCurdyAppellate Division of the Supreme Court of the State of New York · 1907
- Kass v. Garment Center Realty Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Kass v. Garment Center Realty Co.Appellate Division of the Supreme Court of the State of New York · 1924