Carr v. . Nat. Bank and Loan Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 27, 1899, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This ' action was brought by the plaintiff for the rescission of a transaction, in which certain bonds belonging to the defendant were sold to, and purchased by, her.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 27, 1899, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This ' action was brought by the plaintiff for the rescission of a transaction, in which certain bonds belonging to the defendant were sold to, and purchased by, her. She recovered a judgment entitling her to disaffirm the transaction and declaring the bonds to be the property of the defendant, subject to the payment of the amount of the plaintiff’s recovery for…
1Opinion of the CourtGray, J.
'The unanimous affirmance by the Appellate Division1 of the judgment, which was awarded to the plaintiff by'the'trial court, conclusively establishes all the' foregoing facts and the legal question is whether they warranted the con elusion that the plaintiff was entitled to disaffirm the sales of the bonds to her. The appellant argues that the facts did not establish any actual fraud on the part of the defendant. But that was not essential to the granting of the relief which plaintiff demanded. There was shown to have been such a condition of things, in the situation of the parties and in the…
2Cases cited3 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Hammond v. . PennockNew York Court of Appeals · 1874
- New-York Central Ins. Co. v. . National Protection Ins. Co.New York Court of Appeals · 1856
3Cited by21 opinions
- Wendt v. FischerNew York Court of Appeals · 1926
- Bloomquist v. . FarsonNew York Court of Appeals · 1918
- Hidden Brook Air, Inc. v. Thabet Aviation International Inc.District Court, S.D. New York · 2002
- Canadian Agency, Ltd. v. Assets Realization Co.Appellate Division of the Supreme Court of the State of New York · 1914
- In re American Knit Goods Mfg. Co.Court of Appeals for the Second Circuit · 1909
16 more not listed; retrieve them via the Exa API.