Whitehead v. Trussed Concrete Steel Co.

Appellate Terms of the Supreme Court of New York

Whitehead v. Trussed Concrete Steel Co.

51 Misc. 664

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 1, 1906

StatusPublished

This text of 51 Misc. 664 (Whitehead v. Trussed Concrete Steel 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 Steel Co., 51 Misc. 664 (N.Y. Ct. App. 1906).

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Opinion

Pee Cubiam.

As the defendant presented accord and satisfaction as a defense the learned trial justice quite prop[665]*665erly 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.

Present: . Gildebsleeve, Dugbo and Dowling, JJ.

Judgment affirmed, with costs.

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Pee Cubiam.

As the defendant presented accord and satisfaction as a defense the learned trial justice quite prop[665]*665erly 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.

Present: . Gildebsleeve, Dugbo and Dowling, JJ.

Judgment affirmed, with costs.

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Bluebook (online)

51 Misc. 664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitehead-v-trussed-concrete-steel-co-nyappterm-1906.