New York Court of Appeals
Benjamin Gould, Respondent v. the Cayuga County National Bank of Auburn, Appellants
June 9, 188599 N.Y. 333
Summary
The Court affirmed the lower court's order, holding that a party induced by fraud may retain the consideration received and recover damages measured by the fair value of the disputed claim minus the amount received, even when the fraudulent contract cannot be rescinded because the party does not restore the consideration.