Nelson v. Hatch
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas Nelson, from a judgment of the Supreme Court in favor of the defendant Edward S. Hatch, entered in the office of the clerk of the county of New York on the 18th day of May, 1899, upon the report of a referee. Lilyon B. Daniels brought an action against William B. Daniels in the County Court of Arapahoe county, in the State of Colorado, to annul a decree Of divorce which she alleged was obtained by him against her by fraud.
Read the full summary
Appeal by the plaintiff, Thomas Nelson, from a judgment of the Supreme Court in favor of the defendant Edward S. Hatch, entered in the office of the clerk of the county of New York on the 18th day of May, 1899, upon the report of a referee. Lilyon B. Daniels brought an action against William B. Daniels in the County Court of Arapahoe county, in the State of Colorado, to annul a decree Of divorce which she alleged was obtained by him against her by fraud. Owing to the death of Mr. Daniels that suit abated, and early in 1891 she commenced an action in equity in the United States District Court…
1Opinion of the Court
Hatch, J.:
The .learned referee in making disposition of this ease seems to-have proceeded upon the grqund that the action was one for a. \ rescission of the contract, and that the samé could not be maintained as the plaintiff had not restored or offered to restore the benefits which he took under his contract with the defendants, and upon the faith of which he advanced the money. It must be conceded that, if "the action was to rescind the contract, it was incumbent upon the plaintiff, in the absence of fraud, as a condition precedent to its maintenance,- to have made restoration of benefits…
2Cases cited1 opinion
- Gould v. Cayuga County National BankNew York Court of Appeals · 1885
3Cited by3 opinions
- Nelson v. HatchAppellate Division of the Supreme Court of the State of New York · 1902
- City of Ironwood v. WickesAppellate Division of the Supreme Court of the State of New York · 1904
- Mincho v. Bankers' Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1908