Carruth v. Fritch

I dissent.

Plaintiff was paid $2,000 as consideration for the settlement and release of a disputed claim for personal injuries assertedly received while riding as a guest in an automobile owned by one defendant and driven by another. The settlement was made and the release executed about four months after the accident. The sole consideration passing to the defendants for the $2,000 which they paid was the release of the claim against- them. About 18 months after the accident (substantially beyond the one-year limitation period), without rescinding the release as provided by law and without…