New York Court of Appeals

Theodore Conrow, Respondents v. Joseph J. Little, Impleaded

October 8, 1889115 N.Y. 387

Summary

The New York Court of Appeals reversed the lower court's judgment for Conrow Brothers and granted a new trial. It held that Little & Co. acquired an enforceable lien on the paper and that the plaintiffs, by seeking an attachment to enforce the contract, elected to affirm the contract and could not later rescind it despite discovering fraud.