Forstman v. Schulting

Davis, P. J.:

This ease comes again before us upon an order for a reargument. The action was tried at Special Term and the complaint dismissed by that court, the court finding, as matter of fact, that the release sought to be set aside for fraud was executed in good faith, without any mistake on the part of the plaintiffs, and without any misrepresentation or concealment of material facts on the part of the defendant. Exceptions were filed to the findings of the court and a proposed case was made and served, and subsequently settled in the month of February, 1879; but it appears that the case…