Boyer v. Fenn
City of New York Municipal Court
Ajppeal by the defendant from, an order denying the defendant’s motion to vacate an order of arrest upon the papers upon which the order was granted.
1Opinion of the CourtO’Dwyer, J.
From an examination of the complaint and the affidavits upon which the order of arrest was granted, it is manifest that the plaintiff has a cause of action against the defendant for the conversion of the note described in the complaint.
The cause of action is good, although the note had not matured at the time the suit was brought.
Upon discovery of the falsity of the several representations made by the defendant, the plaintiff had the right to rescind his agreement to subscribe for and take capital stock and to demand back his note.
He demanded its return to him. " It was issued in consequence…
2Cases cited1 opinion
- Western Railroad Co. v. . BayneNew York Court of Appeals · 1878
3Cited by1 opinion
- Freeman v. StrobehnSupreme Court of Iowa · 1904