Joslyn v. Empire State Degree of Honor
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Empire State Degree of Honor, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chemung on the 2d day of December, 1910, upon the decision of the court, rendered after a trial at the Chemung Special Term, overruling a demurrer to the amended complaint. ■
1DissentSmith, P. J.
In Gould v. Cayuga County National Bank (86 N. Y. 75) the head note in part reads: “ One who seeks to rescind acom-*18promise of a disputed claim on the ground of fraud must promptly, on the discovery of the fraud, restore or - offer to restore to the other party whatever he has received by virtue of it, if of any value; the tender must be without qualifications or conditions.
“ In an action at law upon the original claim,' plaintiff must show that he rescinded the fraudulent compromise prior to the commencement of'the action; if no-rescission is shown a final determination by the court .that…
2Cases cited4 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Allerton v. . AllertonNew York Court of Appeals · 1872
- McMichael v. . KilmerNew York Court of Appeals · 1879
- Reynolds v. Westchester Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896