Forster v. Manufacturers Trust Co.

Appellate Division of the Supreme Court of New York

Forster v. Manufacturers Trust Co.

240 A.D. 727

Procedural entryThis page is a short order in Forster v. Manufacturers Trust Co.. Read the opinion of the Court — 242 A.D. 792 →

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1933·Published

Opinion

Judgment reversed on the law and a new trial granted, costs to abide the event, as to all issues other than that of release, which we hold to be invalid for lack of consideration. The dismissal of the complaint was predicated upon the view of the trial court that the release was valid. Since the release is invalid, a new trial of the other issues should be had. Kapper, Hagarty, Scudder and Tompkins, JJ., concur; Carswell, J., dissents and votes to affirm.

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Judgment reversed on the law and a new trial granted, costs to abide the event, as to all issues other than that of release, which we hold to be invalid for lack of consideration. The dismissal of the complaint was predicated upon the view of the trial court that the release was valid. Since the release is invalid, a new trial of the other issues should be had. Kapper, Hagarty, Scudder and Tompkins, JJ., concur; Carswell, J., dissents and votes to affirm.

Forster v. Manufacturers Trust Co., 240 A.D. 727 (N.Y. Ct. App. 1933).

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