Guckenheimer v. . Angevine
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiffs entered upon a verdict, and affirming an order denying a motion for a new trial. ■ This action was brought to recover possession of fifty barrels of -whisky. The whisky in question was sold by plaintiffs to J. & J. P. Schell on credit, the sale being, as plaintiffs alleged and as the evidence showed, induced by fraud.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiffs entered upon a verdict, and affirming an order denying a motion for a new trial. ■ This action was brought to recover possession of fifty barrels of -whisky. The whisky in question was sold by plaintiffs to J. & J. P. Schell on credit, the sale being, as plaintiffs alleged and as the evidence showed, induced by fraud. The whisky was then “ in bond ” in a United States bonded warehouse subject to a government tax. Defendant Angevine, who claimed as…
1Opinion of the CourtAndrews, J.
The rule that a party undertaking to rescind a contract for fraud must restore to the other party what he has received under it is firmly established by authority. (Curtiss v. Howell, 39 N. Y. 215; Cobb v. Hatfield, 46 id. 533, and cases cited.) The person defrauded cannot at the same time avoid the contract and retain any thing received by virtue of it, of value either to himself or to the party who committed the fraud.
It is claimed that within this rule the plaintiffs were bound to reimburse to the defendant Angevine the government tax paid by the latter, before they could reclaim the…
2Cases cited2 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Silsbury & Calkins v. McCoon & ShermanNew York Court of Appeals · 1850
3Cited by41 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Silver King Coalition Mines Co. of Nevada v. Silver King Consol. Mining Co. of UtahCourt of Appeals for the Eighth Circuit · 1913
- Matteson v. WagonerCalifornia Supreme Court · 1905
- Guardian Trust Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1928
- Brown v. Sheldon State BankSupreme Court of Iowa · 1908
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