Linker v. Jamison
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William A. Jamison and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 14th day of April, 1916, denying their motion for a separate and prior trial of the issues raised by the defense of a general release pleaded herein.
1Opinion of the Court
Carr, J.:
This is an action to recover damages for the death of plain - tiff’s decedent through the alleged negligence of the defendants. The defendants set up a general release made by the decedent after the accident and before his death. The plaintiff served no reply, and the defendants made no application to the court to compel the service of a reply. As the case stood when the trial was reached the plaintiff might meet the defense of a general release by “ traverse or avoidance as the case requires.” (Code *350Civ. Proc. § 522.) In other words, she could offer evidence to avoid the release on…
2Cases cited3 opinions
- Mandeville v. . ReynoldsNew York Court of Appeals · 1877
- Warner v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Davis Confectionery Co. v. Rochester German InsuranceAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by4 opinions
- Hoad v. New York Cent. R.District Court, W.D. New York · 1933
- Langone v. Gaetjens, Berger & Wirth, Inc.Appellate Division of the Supreme Court of the State of New York · 1936
- Baumeister v. James McCreery & Co.Appellate Division of the Supreme Court of the State of New York · 1923
- Carmosin v. New York Consolidated RailroadAppellate Division of the Supreme Court of the State of New York · 1921