Warren v. Putman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHeffernan, J.
Defendant has appealed from an order of the Saratoga Special Term of the Supreme Court granting plaintiff’s application to amend her complaint.
In her original complaint plaintiff, the settlor of a trust and a beneficiary thereunder, alleged a breach of the trust agreement by defendant, the trustee, and prayed for a rescission thereof and for an accounting by defendant.
In her amended pleading plaintiff set up a second cause of action for rescission on the theory that defendant, by false representations, . fraud and deceit practiced upon plaintiff, induced plaintiff to execute the trust…
2Cases cited6 opinions
- Callanan v. . K., A.C. L.C.R.R. Co.New York Court of Appeals · 1910
- France & Canada Steamship Corp. v. Berwind-White Coal Mining Co.New York Court of Appeals · 1920
- Coron v. LincksAppellate Division of the Supreme Court of the State of New York · 1940
- Ikle v. IkleAppellate Division of the Supreme Court of the State of New York · 1939
- Virdone v. Globe Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1932
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Nichols v. NoldSupreme Court of Kansas · 1953
- RKB Enterprises, Inc. v. Ernst & YoungAppellate Division of the Supreme Court of the State of New York · 1992
- Anderson v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1954
- Ponticello v. Prudential Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1953
- Prosswimmer v. ProsswimmerNew York Supreme Court · 1944
5 more not listed; retrieve them via the Exa API.