Whitehead v. Montgomery Ward & Co., Inc.

This is an action by Steve Whitehead, as plaintiff, against Montgomery Ward & Co., Inc., a corporation, as defendant, to recover damages for personal injuries alleged to have been caused by defendant’s negligence. The jury returned a verdict in favor of plaintiff in the sum of $2900, and judgment in favor of plaintiff was entered accordingly. Defendant appeals.

The answer denies the material averments of the complaint and for a first affirmative defense alleges that, in consideration of $34.56, paid by defendant to plaintiff, he, the plaintiff, by a written instrument, released and discharged…