Whitehead v. Trussed Concrete Steed Co.

Appellate Terms of the Supreme Court of New York

Whitehead v. Trussed Concrete Steed Co.

101 N.Y.S. 250

Appellate Terms of the Supreme Court of New York·Decided November 14, 1906·Published

Opinion

PER CURIAM.

As the defendant presented accord and satisfaction as a defense, the learned trial justice quite properly allowed the plaintiff to show that fraud vitiated the settlement between the parties. It was not necessary that the plaintiff should have alleged the fraud in his pleading. He could not be assumed to have known that a defense would be interposed. The record shows no error requiring a reversal.

Judgment affirmed, with costs.

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PER CURIAM.

As the defendant presented accord and satisfaction as a defense, the learned trial justice quite properly allowed the plaintiff to show that fraud vitiated the settlement between the parties. It was not necessary that the plaintiff should have alleged the fraud in his pleading. He could not be assumed to have known that a defense would be interposed. The record shows no error requiring a reversal.

Judgment affirmed, with costs.

Whitehead v. Trussed Concrete Steed Co., 101 N.Y.S. 250 (N.Y. Ct. App. 1906).

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