American Woolen Co. v. . Samuelsohn
New York Court of Appeals
Appeal from a judgment, entered January 19, 1917, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment in favor of plaintiff upon the verdict directed by the trial court.
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Appeal from a judgment, entered January 19, 1917, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment in favor of plaintiff upon the verdict directed by the trial court. This action was commenced March 29, 1915. The summons was served upon the defendants Abram J. Samuelsohn and Henry Samuelsohn but not upon the other defendants. The complaint alleges “ that between the 23d day of January,…
1Opinion of the Court
Chase, ,J..
An election of remedies takes place when a choice is exercised between remedies which proceed upon irreconcilable claims of right.
When an election is made between such claims, with full knowledge of all the facts, an action may not thereafter be maintained upon the inconsistent claim. (Georgi v. Texas Co., 225 N. Y. 410; Mills v. Parkhurst, 126 N. Y. 89; Droege v. Ahrens & Ott Mfg. Co., 163 N. Y. 466.)
An action to.rescind a contract of sale on the ground of fraud and to recover goods alleged to have been sold in reliance upon fraudulent representations is inconsistent with an…
2Cases cited8 opinions
- National Bank of the Commonwealth v. Mechanics' National BankSupreme Court of the United States · 1877
- Moller v. . TuskaNew York Court of Appeals · 1881
- Mills v. . ParkhurstNew York Court of Appeals · 1891
- Reed v. . McConnellNew York Court of Appeals · 1892
- Pickett v. . LeonardNew York Court of Appeals · 1866
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3Cited by46 opinions
- Metropolitan Life Ins. Co. v. . Childs Co.New York Court of Appeals · 1921
- In Re Joan Morton, Debtor. Joan Morton v. National Bank of New York CityCourt of Appeals for the Second Circuit · 1989
- Smith v. KirkpatrickNew York Court of Appeals · 1953
- Merry Realty Co. v. Shamokin & Hollis Real Estate Co.New York Court of Appeals · 1921
- Sylvania Industrial Corporation v. Lilienfeld's EstateCourt of Appeals for the Fourth Circuit · 1943
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