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

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 14, 1906

StatusPublished

This text of 101 N.Y.S. 250 (Whitehead v. Trussed Concrete Steed Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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Bluebook (online)

101 N.Y.S. 250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitehead-v-trussed-concrete-steed-co-nyappterm-1906.