Wright v. Deniston
New York Court of Common Pleas
Appeal from trial term. Action by Andrew S. Wright against Benjamin F. Deniston and others. There was a judgment in favor of plaintiff, and defendants Benjamin F. Deniston and John C. Shaw appeal.
1Opinion of the CourtGiegerich, J.
Plaintiff sought rescission of a sale of realty ■upon the ground of fraud. Upon appeal from a judgment such rescission was decreed, it is contended that respondent had an adequate remedy at law, this being the principal ground relied upon by appellants. The facts were, essentially, that plaintiff and defendant Beniston entered into a contract whereby the latter was to convey to the former a certain parcel of land, plaintiff assuming a mortgage thereon. Defendant represented that there were no incumbrances against the property other than this mortgage, and . so covenanted in the deed of…
2Cases cited7 opinions
- Van Alen v. . American National BankNew York Court of Appeals · 1873
- Mead v. . BunnNew York Court of Appeals · 1865
- Pryor v. . FosterNew York Court of Appeals · 1891
- Baker v. . LeverNew York Court of Appeals · 1876
- Page v. . WaringNew York Court of Appeals · 1879
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3Cited by3 opinions
- Chery v. AnthonyAppellate Division of the Supreme Court of the State of New York · 1989
- Kaston v. Nathan Zimmerman & George Orlove & Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Rothmiller v. SteinNew York Court of Common Pleas · 1894