Davis v. Levering
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William H. Davis, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 11th day of July, 1913, dismissing the complaint upon the decision of the court after a trial at the New York Special Term.
1Opinion of the Court
McLaughlin, J.:
Action in equity for the rescission of an executed contract for the purchase of 130 shares of stock of the Indian Refining Company, a foreign corporation, on the ground of fraud and to require the defendant to take back an additional eighty-eight and two-fifths shares acquired by the plaintiff by subscriptions to respective increases of the capital stock. The complaint was dismissed upon the merits upon the ground that the plaintiff, upon discovery of the fraud, failed to promptly disaffirm the purchase, but, instead ratified and confirmed it. From this judgment plaintiff…
2Cases cited3 opinions
- Schiffer v. . DietzNew York Court of Appeals · 1881
- Tanenbaum v. . Federal Match Co.New York Court of Appeals · 1907
- Zimmele v. American Plaster Board Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Hill v. International Products Co.New York Supreme Court · 1925