Legal Opinion
Slack v. Ellis
Appellate Division of the Supreme Court of the State of New York
Decided March 18, 1936PublishedCited by 5 opinions
1Opinion of the CourtCrosby, J.
This is an appeal by defendant from an order denying his motion to dismiss the amended complaint.
The original complaint, after a fashion, alleged two causes of action, one in deceit and one based on rescission. The facts alleged are as follows: That defendant, by false representation, induced plaintiff to purchase a worthless mortgage from Mrs. Alvord. All the elements of an action in deceit were alleged, and, in addition, and by paragraph eleven of the complaint, it was alleged that plaintiff had rescinded the contract of purchase and tendered back the mortgage to defendant (not to Mrs.…
2Cases cited4 opinions
- Harriss v. TamsNew York Court of Appeals · 1932
- Schenck v. . State Line Telephone Co.New York Court of Appeals · 1924
- Merry Realty Co. v. Shamokin & Hollis Real Estate Co.New York Court of Appeals · 1921
- Commercial Credit Corp. v. WellsAppellate Division of the Supreme Court of the State of New York · 1930
3Cited by5 opinions
- Merrick v. New York Subways Advertising Co.New York Supreme Court · 1958
- Hill v. McKinleyAppellate Division of the Supreme Court of the State of New York · 1938
- Albert v. Martin Custom Made Tires Corp.Court of Appeals for the Second Circuit · 1941
- Maliades v. MaliadesNew York Supreme Court · 1962
- Prudential Insurance Co. of America v. First Boston Corp.District Court, S.D. New York · 1987