Martin-Barris Co. v. Jackson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Amos Jackson, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 13th day of March, 189G, upon the verdict of a jury, and also from an order bearing date the 6th day of March, 1896, and entered in said clerk’s office, denying the defendant’s motion for a new trial,made upon the minutes.
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Appeal by the defendant, Amos Jackson, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 13th day of March, 189G, upon the verdict of a jury, and also from an order bearing date the 6th day of March, 1896, and entered in said clerk’s office, denying the defendant’s motion for a new trial,made upon the minutes. This action was begun May 11, 1893, to recover $1,636.44, the contract price, at $20 per 1,000, for 81,822 feet of ash and hickory lumber, which the plaintiff alleges its assignor, the firm of Martin &…
1Opinion of the Court
Follett, J. :
When a vendor has, by the fraud of a vendee, been induced to enter into a contract by which the former parts with his property,, the vendor may rescind the contract, if he acts promptly on the discovery of the fraud, and recover the property from the vendee by an action of replevin, or he may recover the value of the property in an action for its conversion (trover), and perhaps he may recover the value of the property in an action on the case stating the facts (an action ex delicto) without resorting to an action in replevin or in trover. But, before the vendor can maintain an…
2Cases cited4 opinions
- Nunez v. DautelSupreme Court of the United States · 1874
- Kinney v. . KiernanNew York Court of Appeals · 1872
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
- Hallahan v. WebberAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Kaufmann v. McLaughlinNew York Supreme Court · 1898
- McCarty v. . Natural Carbonic Gas Co.New York Court of Appeals · 1907