Mecum v. Becker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, C. Adelbert Becker, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 13th day of October, 1914, denying a motion to vacate a judgment against the defendant 0. Adelbert Becker.
1Opinion of the Court
Scott, J.:
On February 18, 1914, plaintiff recovered a judgment in an action for damages for fraud and deceit against this appellant and Juan Mooyer, Russell Marston and Thomas Collins. Col*853lins did not appeal, but this defendant and Mooyer and Marston did and gave security. On July 27, 1914, Mooyer and Marston effected a compromise with plaintiff, paying her about one-fifth of the face of the judgment and taking from her a general release under seal, which contained the following clause: “Nothing in this release shall be so construed as to release any right or claim or judgment that I may have…
2Cases cited1 opinion
- Gilbert v. . FinchNew York Court of Appeals · 1903
3Cited by5 opinions
- In re the Judicial Settlement of the Account of Proceedings of Pratt de Gasquet JamesAppellate Division of the Supreme Court of the State of New York · 1927
- Mecum v. MooyerAppellate Division of the Supreme Court of the State of New York · 1915
- In re Abo SamraAppellate Division of the Supreme Court of the State of New York · 1915
- Mecum v. BeckerAppellate Division of the Supreme Court of the State of New York · 1914
- Wagoner v. BradyAppellate Division of the Supreme Court of the State of New York · 1927