Sullivan v. Freeman — 247 N.Y. 560

Majority

p. 560

Edmund P. Sullivan, Respondent, v. Albert Freeman, Appellant.

Headnote

False representations — fraud — rescission — action, to recover subscription alleged to have been induced by false representations — defense of ratification.

Sullivan v. Freeman, 220 App. Div. 724 , affirmed.

(Argued January 17, 1928;

decided February 14, 1928.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 1, 1927, affirming a judgment in favor of plaintiff entered upon a verdict. The action was to recover the amount of a subscription to a syndicate alleged to have been induced by false and fraudulent representations and to have been rescinded. The defense was that the subscribers, with full knowledge of the facts, had ratified the subscription.

John M.' Coleman and William J. Dawley for appellant.

John J. Cunneen for respondent.

p. 561

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.