Philip Krumm, Respondent v. Susannah Beach, Appellants

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that the wife, although personally innocent, is liable for the fraud because she received and retained the fruits of the fraudulent transaction. The Court further held that in a fraud action involving land, damages are measured by the difference between the actual value of the property conveyed and the value it would have had if the representations were true, and that the vendee may elect damages instead of rescission.