Stiebel v. . Grosberg
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, • entered March 1(5, 1910, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. A sealed deed of release has none of the qualities of a contract.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, • entered March 1(5, 1910, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. A sealed deed of release has none of the qualities of a contract. (1 Parsons on Cont. 6; Torrey v. Black, 58 N. Y. 185.) An instrument without consideration purporting to release a claim and which is not under seal is void. (Harrison v. Close, 2 Johns. 450; Crawford v. Millspaugh, 13 Johns.…
1Opinion of the CourtHaight, J.
This action was brought to recover the amount of a promissory note executed by the defendant on the 31st day of December, 1906, in which he promised to pay to the plaintiffs on demand the sum of $37,372.87, with interest. The defense interposed by the defendant was a written release, signed, sealed and delivered by the plaintiffs to him on the 31st day of December, 1907. A reply was served by the direction of the court, in which the plaintiffs alleged that the release was given or intrusted to the defendant with the understanding that it was not to have a legal inception or effect as a…
2Cases cited10 opinions
- Ryan v. . WardNew York Court of Appeals · 1872
- Worrall v. . MunnNew York Court of Appeals · 1851
- Reynolds v. . RobinsonNew York Court of Appeals · 1888
- Kellogg v. RichardsNew York Supreme Court · 1835
- Gray v. . BartonNew York Court of Appeals · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Hutchison v. RossNew York Court of Appeals · 1933
- Cochran v. TaylorNew York Court of Appeals · 1937
- Russell v. BooksNew York Supreme Court · 1959
- Stroupe v. HewittSupreme Court of Kansas · 1913
- Halloran v. FischerSupreme Court of Connecticut · 1939
18 more not listed; retrieve them via the Exa API.