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

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

DecidedJune 15, 1934

StatusPublished

This text of 242 A.D. 646 (Plimpton v. E. A. Strout Realty Agency, Inc.) 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

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

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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,

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Bluebook (online)

242 A.D. 646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plimpton-v-e-a-strout-realty-agency-inc-nyappdiv-1934.