Legal Opinion
McDonald v. Central Railroad
Supreme Court of New Jersey
Decided June 19, 1916PublishedCited by 8 opinions
On appeal from the Supreme Court.
1Opinion of the Court
The opinion of the court was delivered by
Swayze, J.
This is an action for personal injuries under the Federal Employers’ Liability act. The defendant relied upon' a release under seal. The plaintiff replied that the release was procured by fraud. The defence of fraud is available where one is induced thereby to sign a written instrument, even though he has ability and opportunity to read it. Alexander v. Brogley, 63 N. J. L. 307; Aldrich v. Peckham, 74 Id. 711, 716; Dunston Litho. Co. v. Borgo, 84 Id. 623. The exception where the situation imposes upon the signer a duty toward third persons…
2Cited by8 opinions
- Filmlife, Inc. v. Mal" Z" Ena, Inc.New Jersey Superior Court Appellate Division · 1991
- WINOKA VILLAGE, INC. v. TateNew Jersey Superior Court Appellate Division · 1951
- Evangelista v. Public Service Coordinated Transp.New Jersey Superior Court Appellate Division · 1950
- Van Houten Service, Inc. v. Shell Oil Co.District Court, D. New Jersey · 1975
- Kearney v. National Grain Yeast Corp.Supreme Court of New Jersey · 1941
3 more not listed; retrieve them via the Exa API.