Johnson v. Metropolitan Casualty Insurance

Judgment and order affirmed, without costs of this appeal to either party. Motion to amend complaint denied, without costs. Memorandum: The plaintiff fails to allege that he either restored or offered to restore the $600 received by him from the defendant under the alleged coercive settlement. The absence of such an allegation is fatal. The offer in the complaint to have the $600 deducted from any recovery is not the equivalent of an offer to restore. A settlement induced by coercion is not necessarily void. Such a settlement may be ratified by retaining benefits received thereunder.…