Legal Opinion
Barker v. Conley
New York Court of Appeals
Decided April 16, 1935PublishedCited by 13 opinions
1Opinion of the Court
Crane, Ch. J.
The plaintiff sued in negligence and the defendants moved to dismiss on affidavits setting up a general release for a considerable sum of money paid. The plaintiff said in replying affidavits that he had been deceived into believing that he would get more money and that the paper he signed was not the end of the matter — a release. A question has arisen on the practice under rule 108, of sending these questions of fact to a jury on the affidavits instead of an answer.
Former section 421 of the Civil Practice Act read: “ Issues defined and enumerated. The issues, for the purpose of…
2Cases cited7 opinions
- Pimpinello v. Swift & Co.New York Court of Appeals · 1930
- Metzger v. . &198tna Ins. Co.New York Court of Appeals · 1920
- Herzog v. BrownAppellate Division of the Supreme Court of the State of New York · 1926
- Galanti v. Brady & Gioe, Inc.Appellate Division of the Supreme Court of the State of New York · 1924
- Perloff v. KelmensonAppellate Division of the Supreme Court of the State of New York · 1929
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Miller v. National City Bank of New YorkCourt of Appeals for the Second Circuit · 1948
- People ex rel. Watchtower Bible & Tract Society, Inc. v. HaringAppellate Division of the Supreme Court of the State of New York · 1955
- Brown v. MichelettiAppellate Division of the Supreme Court of the State of New York · 1983
- Moses v. CarverNew York Supreme Court · 1937
- Cerrato v. Thurcon Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1983
8 more not listed; retrieve them via the Exa API.