New York Court of Appeals April 9, 1872 (Kinney v. Kiernan)

lead-opinion

Rapallo, J.

Concurring in the conclusion of my learned associates, that at the time of the commencement of this action there had been a valid rescission of the contract of sale

*168

to Gill

& Co.,

and that the right of action of the plaintiff against the defendants for the conversion of the goods received by them from Gill

& Co.