Isaacs v. Salomon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William Salomon and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of October, 1913, resettling a prior order denying defendants’ motion to strike from the complaint certain allegations as irrelevant, immaterial and redundant, and to make certain other allegations more definite and certain.
1Opinion of the Court
Scott, J.:
Although this is an action in equity it is of the simplest character. Plaintiff seeks to rescind a sale of stock by defendants, upon the ground that he was induced to buy through false representations made by defendants, with knowledge of their falsity, and upon which he relied. The sale is said to have taken place on October 30, 1912. In addition to the usual and material allegations to be found in a complaint for such a cause of action, the plaintiff has inserted a large number of allegations having no apparent relevancy to the cause of action and no visible materiality upon any…
2Cases cited2 opinions
- John D. Park & Sons Co. v. National Wholesale Druggists' Ass'nAppellate Division of the Supreme Court of the State of New York · 1898
- Kolb v. MortimerAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by7 opinions
- Isaacs v. Washougal Clothing Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Cohen v. Pyramid Bond & Mortgage Corp.Appellate Division of the Supreme Court of the State of New York · 1932
- Howard v. BreitungAppellate Division of the Supreme Court of the State of New York · 1916
- Goodman v. KirshbergAppellate Division of the Supreme Court of the State of New York · 1941
- Oscar Shank Textile Corp. v. HemmerdingerNew York Supreme Court · 1922
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