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measured by the fair value of the disputed claim minus the amount received, even when the fraudulent contract cannot be rescinded because the party does not restore the consideration.