Douglas v. Scott
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry Clay Douglass, from a judgment of the County Court of Tompkins county in favor of the defendant, entered in the office of the clerk of said county on the 16th day of July, 1908, pursuant to an order entered in said clerk’s office on the 16th day of July, 1908, reversing a judgment of a justice of the peace of the town of Dry den in favor of the plaintiff.
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Appeal by the plaintiff, Henry Clay Douglass, from a judgment of the County Court of Tompkins county in favor of the defendant, entered in the office of the clerk of said county on the 16th day of July, 1908, pursuant to an order entered in said clerk’s office on the 16th day of July, 1908, reversing a judgment of a justice of the peace of the town of Dry den in favor of the plaintiff. This action was commenced in Justice’s Court to recover damages for the alleged conversion of 135 bushels of buckwheat. The complaint alleges that the defendant falsely and fraudulently represented to the…
1Opinion of the Court
Sewell, J.:
The grounds on which the learned county judge disposed of this case, as appears in the opinion rendered by him upon reversing the *324judgment of the justice, were that the plaintiff did not return or offer to return the seven dollars received from the defendant, prior to the commencement of the action, and that the justice erred in a ruling on the admission of evidence.
The ordinary rule undoubtedly is that where a party seeks to rescind a-contract on the ground of fraud, he must tender a return of what he has received under it before he can maintain an action at law. But that is not…
2Cases cited4 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Laverty v. . SnethenNew York Court of Appeals · 1877
- Kley v. . HealyNew York Court of Appeals · 1891
3Cited by3 opinions
- Gilbert v. RothschildNew York Court of Appeals · 1939
- George Haiss Manufacturing Co. v. BeckerAppellate Division of the Supreme Court of the State of New York · 1921
- Kirsch v. Provident Loan SocietyAppellate Terms of the Supreme Court of New York · 1947