Hammond v. . Pennock
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the fourth judicial department denying a new trial on a case and exceptions, under section 268 of the Code. (Eeported below, 5 Lans., 358.) The action was brought to rescind a contract between the parties for the exchange of lands and personal property, and to set aside conveyances made in pursuance of the contract.
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Appeal from an order of the General Term of the Supreme Court in the fourth judicial department denying a new trial on a case and exceptions, under section 268 of the Code. (Eeported below, 5 Lans., 358.) The action was brought to rescind a contract between the parties for the exchange of lands and personal property, and to set aside conveyances made in pursuance of the contract. The ground for rescission was that the defendant had made to the plaintiff false and fraudulent representations as to his lands. The answer denied the allegation of fraud. It also alleged that the defendant had…
1Opinion of the Court
Dwight, C.
This is an appeal from an order of the General Term, denying a new trial, under the provisions of section 268 of the Code.
The first question is, whether there was any evidence to justify the finding of the court below, that the contract sought to be rescinded was made through fraud. This court cannot disturb this conclusion unless it is unsustained by evidence.
There is evidence to show that material representations, upon which the plaintiff relied, were false. These were of such a nature that he could scarcely have believed them to be true; or, in other words, of such a kind, that…
2Cases cited8 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Malloney v. . HoranNew York Court of Appeals · 1872
- Moore v. . the Mayor, Aldermen, C., of New YorkNew York Court of Appeals · 1853
- Wakeman v. . DalleyNew York Court of Appeals · 1872
- Smith v. . CountrymanNew York Court of Appeals · 1864
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3Cited by103 opinions
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- Schank v. . SchuchmanNew York Court of Appeals · 1914
- Bloomquist v. . FarsonNew York Court of Appeals · 1918
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