Forster v. Manufacturers Trust Co.

Appellate Division of the Supreme Court of New York

Forster v. Manufacturers Trust Co.

240 A.D. 727

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 15, 1933

StatusPublished

This text of 240 A.D. 727 (Forster v. Manufacturers Trust Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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Bluebook (online)

240 A.D. 727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forster-v-manufacturers-trust-co-nyappdiv-1933.