Gold v. Talkow

Appellate Terms of the Supreme Court of New York

Gold v. Talkow

123 Misc. 302, 205 N.Y.S. 207, 1924 N.Y. Misc. LEXIS 922

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 3, 1924

StatusPublished

This text of 123 Misc. 302 (Gold v. Talkow) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gold v. Talkow, 123 Misc. 302, 205 N.Y.S. 207, 1924 N.Y. Misc. LEXIS 922 (N.Y. Ct. App. 1924).

Pincite

Opinion

Per Curiam.

There is no doubt that plaintiffs could sue for money had and received after a rescission of the contract for fraud. For a discussion of the principles involved in this form of action, see Miller v. Schloss, 218 N. Y. 400. Defendants should have asked for a bill of particulars of plaintiffs’ cause of action. Judgment reversed and new trial ordered, with thirty dollars costs to appellants to abide the event.

All concur; present, Guy, Gavegan and Mitchell, JJ.

Judgment reversed and new trial ordered.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

There is no doubt that plaintiffs could sue for money had and received after a rescission of the contract for fraud. For a discussion of the principles involved in this form of action, see Miller v. Schloss, 218 N. Y. 400. Defendants should have asked for a bill of particulars of plaintiffs’ cause of action. Judgment reversed and new trial ordered, with thirty dollars costs to appellants to abide the event.

All concur; present, Guy, Gavegan and Mitchell, JJ.

Judgment reversed and new trial ordered.

Cite This Page — Counsel Stack

Bluebook (online)

123 Misc. 302, 205 N.Y.S. 207, 1924 N.Y. Misc. LEXIS 922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gold-v-talkow-nyappterm-1924.

Opinion

Related

Cite This Page — Counsel Stack