Oliwill v. Verdenhalven
City of New York Municipal Court
Appeal from trial term. Action by Mary Oliwill against Daniel Verdenhalven, to recover $5,000 for personal injuries, received through the negligence of defendant and his employes, in the management of a tenement house owned by defendant. Defendant interposed an answer denying the negligence charged.
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Appeal from trial term. Action by Mary Oliwill against Daniel Verdenhalven, to recover $5,000 for personal injuries, received through the negligence of defendant and his employes, in the management of a tenement house owned by defendant. Defendant interposed an answer denying the negligence charged. Thereafter, plaintiff and defendant came together and settled the litigation for $200, and plaintiff executed the following instrument: “Received from D. Verdenhalven "the sum of two hundred dollars in full of all demands to date, including the charges of the plaintiff’s attorney in the suit of…
1Per curiam
The only issues before the court at the time of the trial were whether the plaintiff had a cause of action, and whether it had been legally discharged by release. Indeed, the main question was as to the release, and, no fraud or imposition having been established, it was conclusive against the plaintiff, and her complaint ought to have been dismissed. Whether or not the plaintiff’s attorney had a lien, its nature or amount, was not before the court for adjudication. The issue was one of accord and satisfaction. If the plaintiff’s attorney, for the preservation of his lien, desired to avoid…
2Cases cited6 opinions
- Coughlin v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1877
- Ackerman v. AckermanNew York Court of Common Pleas · 1862
- Eberhardt v. SchusterNew York Supreme Court · 1879
- Tullis v. BushnellNew York Court of Common Pleas · 1883
- McBratney v. Rome, Watertown & Ogdensburg RailroadNew York Court of Appeals · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Kreuzen v. Forty-Second St. M. & St. N. Ave. R. Co.City of New York Municipal Court · 1891
- Oliwill v. VerdenhalvenCity of New York Municipal Court · 1891