DALE v. ROSENFELD

No. 80, Docket 23715.

229 F.2d 855 (1956)

David B. DALE, Plaintiff-Appellant, v. Henry P. ROSENFELD, doing business under the firm name and style of Henry P. Rosenfeld Co., Samson Wallach and Abraham S. Gechtman, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided February 1, 1956.


Attorney(s) appearing for the Case

Chadbourne, Parke, Whiteside, Wolff & Brophy, New York City, Ralph D. Ray and Melvin D. Goodman, New York City, of counsel, for appellant.

Irving Bick, New York City, for Henry P. Rosenfeld, appellee.

Louis Levine, New York City, for Abraham S. Gechtman, appellee.

Before HAND, SWAN and FRANK, Circuit Judges.


SWAN, Circuit Judge.

In January 1948 plaintiff made two purchases of stock in a corporation whose stock was offered for sale by means of a prospectus received through the mails. Having subsequently discovered that statements in the prospectus were untrue or misleading, on April 25, 1949 he brought the present action to rescind his purchases and recover the purchase price. Defendant Rosenfeld, who did business as Henry P. Rosenfeld Co., was the underwriter named in...

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