Legal Opinion

Higgins v. . Crouse

New York Court of Appeals

Decided November 26, 1895PublishedCited by 103 opinions

Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made September 12,, 1893, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted a new trial. The nature of the action and the facts, so far as material,, are stated in the opinion. The action was properly brought as an equity action.

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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made September 12,, 1893, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granted a new trial. The nature of the action and the facts, so far as material,, are stated in the opinion. The action was properly brought as an equity action. (Bosley v. N. M. Co., 123 N. Y. 550.) The bar of the Statute of Limitations, in actions like the present, is fixed and controlled solely by the statute o± Hew York relating thereto. (Code Civ. Pro. §…

1Opinion of the CourtFinch, J.

This action was brought to rescind a contract for the purchase of stock in an oil company, to vest title to such stock in the vendor and release the vendee from future liability as its owner, and to recover damages for the fraud alleged to have been perpetrated in the sale. The Special Term found as a fact the fraud charged in the complaint; that the plaintiffs did not discover it until shortly before the commencement of this action; that he was not negligent in failing to discover it earlier; and awarded judgment for a rescission and for damages. On appeal the General Term reversed the…

2Cases cited2 opinions

  1. Baker v. . LeverNew York Court of Appeals · 1876
  2. Mayne v. GriswoldThe Superior Court of New York City · 1850

3Cited by103 opinions

  1. Koch v. Christie's International PLCCourt of Appeals for the Second Circuit · 2012
  2. Armstrong v. McAlpinCourt of Appeals for the Second Circuit · 1983
  3. Cruden v. Bank of New YorkCourt of Appeals for the Second Circuit · 1992
  4. Guilbert v. GardnerCourt of Appeals for the Second Circuit · 2007
  5. Guilbert v. GardnerCourt of Appeals for the Second Circuit · 2007

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