Commercial Trust Co. v. Columbia Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Commercial Trust Company of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county pf New York on the 3d day of November, 1917, directing a special trial to be had of the issues raised by the third separate and complete defense set forth in defendant’s second amended answer.
1Opinion of the Court
Smith, J.:
The defendant trust company is the successor of the Knickerbocker Trust Company with which it was merged in 1908 and by which merger it assumed all the liabilities of the Knickerbocker Trust Company. The cause of action alleged in plaintiff’s complaint is one to rescind a certain *107contract for fraud and to compel the return of moneys which were paid to the Knickerbocker Trust Company pursuant to said fraudulent agreement, less the amount of money received from the Columbia Trust Company and the Knickerbocker Trust Company upon said agreement. By the agreement sought to be rescinded…
2Cases cited2 opinions
- Smith v. Western Pacific Railway Co.New York Court of Appeals · 1911
- Smith v. Western Pacific Railway Co.Appellate Division of the Supreme Court of the State of New York · 1911
3Cited by3 opinions
- Flynn v. Royal Development Co.Appellate Division of the Supreme Court of the State of New York · 1943
- In re the Estate of AlbrightAppellate Division of the Supreme Court of the State of New York · 1954
- Rosencrantz v. Gaston, Williams & Wigmore, Inc.Appellate Division of the Supreme Court of the State of New York · 1919