Dennin v. Powers
New York Supreme Court
Motion for judgment on the pleadings. This action is brought by plaintiff to rescind for false representations subscriptions to bonds of the United States Independent Telephone Company carrying with them certain voting trust certificates representing stock of the company and to recover the amounts paid therefor by plaintiff’s assignors.
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Motion for judgment on the pleadings. This action is brought by plaintiff to rescind for false representations subscriptions to bonds of the United States Independent Telephone Company carrying with them certain voting trust certificates representing stock of the company and to recover the amounts paid therefor by plaintiff’s assignors. There are forty-six separate causes of action enumerated in the complaint each based upon a separate purchase all of which have been assigned to the plaintiff subject to retainer agreements. The complaint is based upon false representations and fraud in the…
1Opinion of the Court
Rodenbeck, J.(1) The plaintiff has an adequate remedy at law for the cause of action set out in her complaint and is therefore not entitled to resort to *255equity. This action has the form and semblance of an equity cause but in substance it is an action at law. If the Statute of Limitations has not run against her claim she may have a legal cause of action but there is nothing in the complaint to confer jurisdiction upon a court of equity and deprive the defendant of the right to a jury trial of the issues involved.
Where a person has been induced by fraudulent representations to become the…
2Cases cited32 opinions
- Vail v. . ReynoldsNew York Court of Appeals · 1890
- Schank v. . SchuchmanNew York Court of Appeals · 1914
- Schiffer v. . DietzNew York Court of Appeals · 1881
- Sedgwick v. . StantonNew York Court of Appeals · 1856
- Hardt v. HeidweyerSupreme Court of the United States · 1894
27 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- James v. StateAppellate Division of the Supreme Court of the State of New York · 1982
- People v. S. W. Straus & Co.New York Supreme Court · 1935
- Voehl v. Title Guaranty & Trust Co.New York Supreme Court · 1934
- Sasanow v. Williamsburg Savings BankAppellate Division of the Supreme Court of the State of New York · 1939
- Aetna Casualty & Surety Co. v. Utica Structural Steel, Inc.Appellate Division of the Supreme Court of the State of New York · 1946
2 more not listed; retrieve them via the Exa API.