Plimpton v. E. A. Strout Realty Agency, Inc.

Appellate Division of the Supreme Court of New York

Plimpton v. E. A. Strout Realty Agency, Inc.

242 A.D. 646

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1934·Published

Opinion

Judgment and order reversed on the law, with costs, and judgment directed for the defendant dismissing the complaint Upon the merits, with costs. In our opinion the Verdict is contrary to the evidence and there was no mistake of facts on the part of plaintiff resulting in the settlement of defendant’s claim [647]*647and the payment made in such settlement. On the contrary, the evidence shows that the payment was entirely voluntary on the part o£ the plaintiff. Lazansky, P. J., Young, Kapper, Tompkins and Davis, JJ., concur,

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Judgment and order reversed on the law, with costs, and judgment directed for the defendant dismissing the complaint Upon the merits, with costs. In our opinion the Verdict is contrary to the evidence and there was no mistake of facts on the part of plaintiff resulting in the settlement of defendant’s claim [647]*647and the payment made in such settlement. On the contrary, the evidence shows that the payment was entirely voluntary on the part o£ the plaintiff. Lazansky, P. J., Young, Kapper, Tompkins and Davis, JJ., concur,

Plimpton v. E. A. Strout Realty Agency, Inc., 242 A.D. 646 (N.Y. Ct. App. 1934).

Pincite

242 A.D. 646 (Plimpton v. E. A. Strout Realty Agency, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.