Legal Opinion
Stauss v. Title Guarantee & Trust Co.
New York Court of Appeals
Decided October 8, 1940PublishedCited by 10 opinions
1Opinion of the CourtLewis, J.
The plaintiff has thus far prevailed in this action at law for money had and received which is based upon her executed rescission of the purchase of three mortgage participating certificates alleged to have been induced by fraudulent representations by an agent of the defendant.
The complaint alleges in substance that in April, 1926, the plaintiff advised a representative of the defendant that she desired to invest the sum of $6,000 “ * * * in a safe investment in such a way so that upon her death her children would be entitled to the investments; ” that she was induced by the defendant’s…
2Cases cited15 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Matter of People (Tit. Mtge. Guar. Co.)New York Court of Appeals · 1934
- Shappirio v. GoldbergSupreme Court of the United States · 1904
- Schenck v. . State Line Telephone Co.New York Court of Appeals · 1924
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- New York State Medical Transporters Ass'n v. PeralesNew York Court of Appeals · 1990
- Paramount General Hospital Co. v. National Medical Enterprises, Inc.California Court of Appeal · 1974
- McDonald's Corp. v. Robert A. Makin, Inc.District Court, W.D. New York · 1986
- Savasta v. 470 Newport AssociatesAppellate Division of the Supreme Court of the State of New York · 1992
- Dorrah v. Pemiscot County BankMissouri Court of Appeals · 1923
5 more not listed; retrieve them via the Exa API.