Battle v. . the Rochester City Bank
New York Court of Appeals
In May, 1841, the plaintiff Battle was indebted to the City Bank of Rochester upon notes which had been discounted, in the sum of $5,400 besides interest. This sum was secured by a mortgage made by Battle to the Bank on a dwelling house in Alien-street in the city of Rochester.
Read the full summary
In May, 1841, the plaintiff Battle was indebted to the City Bank of Rochester upon notes which had been discounted, in the sum of $5,400 besides interest. This sum was secured by a mortgage made by Battle to the Bank on a dwelling house in Alien-street in the city of Rochester. This mortgage was after-wards foreclosed and the bank purchased the house at a master’s sale on the first of July, 1841. On the 19th of October, 1841, the bank held a mortgage executed by the plaintiff Battle to one Ely, and assigned by him to the bank, upon a warehouse in Rochester. The mortgage had at that time been…
1Opinion of the Court
Ruggles, J,
Assuming that the contract of the 9th of November was rescinded by the mutual and voluntary consent of both parties, and without the fault of either, (and this is the most favorable view for the plaintiff,) the parties must be deemed to be restored by that rescission to the condition in which they stood immediately before the contract was made. (5 East, 449; Hunt v. Silh, 15 Mass. 319 ; Conner v. Henderson, 6 Gill & John. 424.) In point of fact the rescission was occasioned by the plaintiff’s breach of the contract, and was a consequence of that breach. He therefore has no claim to…
2Cases cited2 opinions
- Conner v. HendersonMassachusetts Supreme Judicial Court · 1818
- Clason v. ShotwellCourt for the Trial of Impeachments and Correction of Errors · 1814
3Cited by17 opinions
- Page v. . McDonnellNew York Court of Appeals · 1873
- Beveridge v. West Side Construction Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Walter Bros. v. Reed & GerardNebraska Supreme Court · 1892
- Spellman v. Dundalk Co.Court of Appeals of Maryland · 1933
- Marvin Safe Co. v. EmanuelNew York Court of Common Pleas · 1888
12 more not listed; retrieve them via the Exa API.