Higgins v. Crouse
New York Supreme Court
Appeal from special term, Onondaga county. Action by Alfred Higgins against Jacob Crouse to rescind a contract of sale of corporate stock, and to recover damages, on the ground of fraud. From a judgment for plaintiff entered on the decision of the court after trial at special term, defendant appeals.
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Appeal from special term, Onondaga county. Action by Alfred Higgins against Jacob Crouse to rescind a contract of sale of corporate stock, and to recover damages, on the ground of fraud. From a judgment for plaintiff entered on the decision of the court after trial at special term, defendant appeals. This action was commenced July 3, 1889. In the complaint, as originally framed, the plaintiff sought to recover damages for fraud in the sale to him by defendant, on the 4th November, 1865, of 150 shares of the capital stock of the Shaffer Farm Oil Creek Company, of Pennsylvania, at the price of…
1Opinion of the CourtMerwin, J.
The defendant claims that the court erred in holding that this action was maintainable as an equity action. The court found that the transaction was entirely between defendant and plaintiff, and that it was not a purchase by plaintiff from the corporation, but from the defendant. The evidence sustains this view. That being so, an equitable action would lie. Bosley v. Machine Co., 123 N. Y. 550, 25 N. E. Rep. 990. It would have been appropriate for the plaintiff to have made the corporation a party. The relief granted would then have been more effectual. In its present form the judgment is in…
2Cases cited8 opinions
- Kirby v. Lake Shore & Michigan Southern RailroadSupreme Court of the United States · 1887
- District Township of Boomer v. FrenchSupreme Court of Iowa · 1875
- Bosley v. National MacHine Co.New York Court of Appeals · 1890
- Parker v. KuhnNebraska Supreme Court · 1887
- Board of County Commissioners v. SmithSupreme Court of Minnesota · 1875
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3Cited by1 opinion
- Higgins v. CrouseNew York Supreme Court · 1893