McClure v. . Central Trust Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme pourt in the first judicial department, entered April 18, 1898, affirming a judgment in favor of defendant entered upon the report of a referee. This action was brought to recover the sum of $7,500 paid by the plaintiff upon a certain contract, which he seeks to rescind upon several grounds, and among them that - he was induced to make it through fraud and deceit practiced upon him by the defendants.
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Appeal from a judgment of the Appellate Division of the Supreme pourt in the first judicial department, entered April 18, 1898, affirming a judgment in favor of defendant entered upon the report of a referee. This action was brought to recover the sum of $7,500 paid by the plaintiff upon a certain contract, which he seeks to rescind upon several grounds, and among them that - he was induced to make it through fraud and deceit practiced upon him by the defendants. The defendant Warner served no answer, but the Central Trust Company put at issue every allegation tending to show fraud or deceit…
1Opinion of the CourtVann, J.
The Central Trust Company, henceforth called the defendant, did not sell the stock as its own, hut only as agent for an undisclosed principal. The prospectus did not purport to have been issued by it, but by S. V. White & Company, who, as bankers, announced that they were authorized to offer the stock for subscription, which, in view of what followed, meant for sale by subscription. The necessary inference is that they were thus authorized, not by themselves, which would be absurd, but by an undisclosed owner. This is confirmed by Warner’s letter to them, which was part of the prospectus,…
2Cases cited34 opinions
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- White v. . MillerNew York Court of Appeals · 1877
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Cobb v. . KnappNew York Court of Appeals · 1877
- Argersinger v. . MacNaughtonNew York Court of Appeals · 1889
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3Cited by33 opinions
- Ell Dee Clothing Co. v. MarshNew York Court of Appeals · 1928
- Oppenheimer v. Harriman National Bank & Trust Co.Supreme Court of the United States · 1937
- Unger v. Travel Arrangements, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
- Orient Mid-East Lines v. Albert E. Bowen, Inc.Court of Appeals for the Second Circuit · 1972
- Tarolli Lumber Co. v. AndreassiAppellate Division of the Supreme Court of the State of New York · 1977
28 more not listed; retrieve them via the Exa API.