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Allerton v. Allerton

Court of Appeals of the State of New York
Nov 12, 1872
50 N.Y. 670 (N.Y. 1872)
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Summary

In Allerton v. Allerton (supra) the plaintiffs allege that they were induced to part with their interest in a firm to the defendant through fraud, and the court there held that it was not necessary for them to return the moneys received, in view of the fact that it appeared that the defendant had already received a sum equal thereto out of the property transferred, and that provision could be made in the judgment by which this sum could be credited to the defendant and he be required to account for the balance.

Summary of this case from Powell v. Linde Co.
See 3 Summaries

Opinion

Argued June 11, 1872

Decided November 12, 1872

Homer A. Nelson for the appellants.

J.M. Knox for the respondent.

FOLGER, J., reads opinion for reversal of judgment of General Term and affirmance of that of Special Term.

All concur, except CHURCH, Ch. J., not voting.

Judgment accordingly.

Summaries of

Allerton v. Allerton

Court of Appeals of the State of New York
Nov 12, 1872
50 N.Y. 670 (N.Y. 1872)

In Allerton v. Allerton (supra) the plaintiffs allege that they were induced to part with their interest in a firm to the defendant through fraud, and the court there held that it was not necessary for them to return the moneys received, in view of the fact that it appeared that the defendant had already received a sum equal thereto out of the property transferred, and that provision could be made in the judgment by which this sum could be credited to the defendant and he be required to account for the balance.

Summary of this case from Powell v. Linde Co.

In Allerton v. Allerton, 50 N.Y. 670, it was held that where the judgment asked for will accomplish such a result, no offer to return that which was received is necessary.

Summary of this case from Mason v. Wheeler

In Allerton v. Allerton, 50 N.Y. 670, the Court of Appeals say: "The rule that he who seeks to rescind an agreement, upon the ground of fraud, must place the other party in as good a situation as that in which he was when the agreement was made, is satisfied if the judgment asked for will accomplish that result, and in such a case no offer to return that which was received is necessary."

Summary of this case from Mason v. Wheeler
Case details for

Allerton v. Allerton

Case Details

Full title:ARCHIBALD M. ALLERTON et al., Appellants, v . SAMUEL W. ALLERTON…

Court:Court of Appeals of the State of New York

Date published: Nov 12, 1872

Citations

50 N.Y. 670 (N.Y. 1872)

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