Dean v. Gilmore

Appellate Terms of the Supreme Court of New York

Dean v. Gilmore

30 Misc. 783, 62 N.Y.S. 757

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 15, 1900

StatusPublished

This text of 30 Misc. 783 (Dean v. Gilmore) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dean v. Gilmore, 30 Misc. 783, 62 N.Y.S. 757 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Curiam.

The testimony of the plaintiff shows that there was a dispute between herself and the defendants, as to the amount due her at the time of her discharge from their employment; that she accepted what the defendants paid her and gave them a receipt in full. This constitutes an accord and satisfaction, and called for a dismissal of the complaint. The plaintiff sought to avoid the effect of the transaction, on the ground that when she signed the receipt, she did not read it.' But there is no claim or proof that she was in any way imposed upon in the matter, so that the explanation offered in no way affects the legal effect of what she did. Bacon v. Proctor, 13 Misc. Rep. 1. It follows that the judgment must be reversed.

Present: Beekman, P. J.; Giegerich and O’Gorman, JJ.

Judgment reversed and new trial ordered, with costs to appellants to abide event.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The testimony of the plaintiff shows that there was a dispute between herself and the defendants, as to the amount due her at the time of her discharge from their employment; that she accepted what the defendants paid her and gave them a receipt in full. This constitutes an accord and satisfaction, and called for a dismissal of the complaint. The plaintiff sought to avoid the effect of the transaction, on the ground that when she signed the receipt, she did not read it.' But there is no claim or proof that she was in any way imposed upon in the matter, so that the explanation offered in no way affects the legal effect of what she did. Bacon v. Proctor, 13 Misc. Rep. 1. It follows that the judgment must be reversed.

Present: Beekman, P. J.; Giegerich and O’Gorman, JJ.

Judgment reversed and new trial ordered, with costs to appellants to abide event.

Cite This Page — Counsel Stack

Bluebook (online)

30 Misc. 783, 62 N.Y.S. 757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dean-v-gilmore-nyappterm-1900.

Opinion

Related

Cite This Page — Counsel Stack