Cohen v. Ellis
New York Supreme Court
Appeal from special term, Hew York county. Action by Alfred A. Cohen against John W. Ellis and others, to rescind a sale of bonds made by some of the defendants to plaintiff, on the ground of fraudulent misrepresentations. A demurrer to the complaint was overruled by the special term, but on appeal the judgment was reversed by the general term. 42 Hun, 660, mem.
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Appeal from special term, Hew York county. Action by Alfred A. Cohen against John W. Ellis and others, to rescind a sale of bonds made by some of the defendants to plaintiff, on the ground of fraudulent misrepresentations. A demurrer to the complaint was overruled by the special term, but on appeal the judgment was reversed by the general term. 42 Hun, 660, mem. The complaint being amended by the addition of a new party, it was again demurred to, and, the demurrer being sustained, the executrix of plaintiff, who died after the judgment below was rendered, appeals. . . - . •
1Opinion of the CourtDaniels, J.
This action was before this court in a preceding appeal from a judgment overruling a demurrer to the original complaint. That judgment was considered to be erroneous, for the reasons at the time assigned, and it was reversed, with liberty to the plaintiff to amend the complaint and bring in another party. Cohen v. Ellis, 4 N. Y. St. Rep. 721, 42 Hun, 660, mem. It was then considered that the representations relied upon and set forth would entitle the plaintiff to rescind the contracts made for the purchase of the bonds. But, as the defendants acted as agents for the construction company, that…
2Cases cited8 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Cobb v. . HatfieldNew York Court of Appeals · 1871
- Neblett v. MacFarlandSupreme Court of the United States · 1876
- Snow v. AlleyMassachusetts Supreme Judicial Court · 1887
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3Cited by2 opinions
- Clemens v. Press Pub. Co.Appellate Terms of the Supreme Court of New York · 1910
- Clemens v. Press Publishing Co.New York Supreme Court · 1910