Cobb v. . Hatfield
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the seventh judicial district, reversing a judgment in favor of plaintiff, entered on verdict of a jury, and ordering a new trial.
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Appeal from an order of the General Term of the Supreme Court, in the seventh judicial district, reversing a judgment in favor of plaintiff, entered on verdict of a jury, and ordering a new trial. This action was for the recovery of $1,000 and interest paid by the plaintiff to the defendants, upon the purchase of an interest in an oil property in Pennsylvania, upon the ground that the purchase had been induced by the false and fraudulent representations of the defendants as to the character, yield, and value of the property. The plaintiff claimed to recover as upon a rescission of the…
1Opinion of the CourtAllen, J.
Hnder the complaint the plaintiff might have treated the action as in. case for the recovery of damages for the alleged fraud; and in such action no return of property received from the defendants, or other act restoring the defendants to the condition they occupied before making the contract, would have been necessary as a condition precedent to maintaining the action. But upon the trial the plaintiff expressly repudiated the contract, and claimed to recover the money advanced, and paid, as upon a rescission of the" contract, and at the close of the evidence on his part, tendered to the…
2Cases cited2 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Baker v. RobbinsNew York Supreme Court · 1846
3Cited by83 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Schiffer v. . DietzNew York Court of Appeals · 1881
- Getty v. . DevlinNew York Court of Appeals · 1873
- East Tennessee, Virginia & Georgia Railway Co. v. HayesSupreme Court of Georgia · 1889
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