Ely v. Mumford
New York Supreme Court
APPEAL by the plaintiff from an order made at a special term, vacating an order of arrest, as to the defendant Mumford. The affidavit of the plaintiff, upon which (with others) the order of arrest was granted, stated that he had a cause of action against the defendants, to recover the sum of $10,000, fraudulently obtained from him ; and that the grounds of the plaintiff’s claim were as follows : That on' or about the 12th or 13th of November, 1865, the plaintiff met the…
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APPEAL by the plaintiff from an order made at a special term, vacating an order of arrest, as to the defendant Mumford. The affidavit of the plaintiff, upon which (with others) the order of arrest was granted, stated that he had a cause of action against the defendants, to recover the sum of $10,000, fraudulently obtained from him ; and that the grounds of the plaintiff’s claim were as follows : That on' or about the 12th or 13th of November, 1865, the plaintiff met the defendant Conner, who was, and still is, co-partner with the defendant Mumford, in the business of shipping merchants, under…
1Opinion of the Court
By the Court, Ingraham, J.
There are two classes of cases in which the right to recover depends on proof of fraud in making the contract; one in which the plaintiff seeks to rescind the contract and recover back money paid or goods delivered in performance of it, and the other where the plaintiff merely seeks to recover damages for a fraud practiced on him.
In the first case the plaintiff, in order to recover back the money paid, or the goods delivered, must place the parties in the same condition they were in before the contract was made, by restoring or offering to restore any thing received…
2Cases cited7 opinions
- Bradley v. BosleyNew York Court of Chancery · 1845
- Culver v. AveryNew York Supreme Court · 1831
- Wheaton v. BakerNew York Supreme Court · 1853
- Peck v. . BurrNew York Court of Appeals · 1851
- Baker v. RobbinsNew York Supreme Court · 1846
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Griswold v. SweetNew York Supreme Court · 1875
- Merritt v. HeckscherNew York Supreme Court · 1867
- Royal Insurance v. NobleNew York Court of Common Pleas · 1868
- Tallman v. WhitneyNew York Court of Common Pleas · 1875