Schenck v. . State Line Telephone Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department entered December 14, 1923, which reversed an order of Special Term granting a motion, by defendant, for judgment on the pleadings.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department entered December 14, 1923, which reversed an order of Special Term granting a motion, by defendant, for judgment on the pleadings. The following questions were certified: “ 1. Is defendant entitled to judgment on the pleadings? “ 2. Did the plaintiff make an irrevocable election by bringing a prior action for damages .by reason of the alleged fraud of defendants, and by so doing is he bound thereby and estopped from maintaining the present action? ”
1Opinion of the CourtCardozo, J.
Plaintiff in January, 1910, sold real estate in New York to the State Line Telephone Company, a domestic corporation, induced thereto by representations now charged to have been fraudulently made. In June, 1922, he began an action at law against the corporation and its agents to recover damages for the fraud. In the following October, after service of the defendants’ answer, which set up with other defenses the six-year Statute of Limitations, he discontinued the action for damages, though not till the cause had been placed upon the calendar for trial. He then began this suit in equity for a…
2Cases cited21 opinions
- William W. Bierce, Ltd. v. HutchinsSupreme Court of the United States · 1907
- United States v. Oregon Lumber Co.Supreme Court of the United States · 1922
- Shappirio v. GoldbergSupreme Court of the United States · 1904
- Robb v. VosSupreme Court of the United States · 1894
- Morris v. . RexfordNew York Court of Appeals · 1859
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- Bocanegra v. Aetna Life Insurance Co.Texas Supreme Court · 1980
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