Legal Opinion

O'Neil v. Lake Superior Iron Co.

Michigan Supreme Court

Decided November 17, 1886PublishedCited by 17 opinions

Error to Marquette. (Grant, J.) Case. Plaintiff brings error. The facts are stated in the opinion. The signing of the release was procured through a misstatement that it was a receipt, when it was more, and amounted to a fraud upon plaintiff, who waived no rights by signing it: O’Donnell v. Segar, 25 Mich. 367; Mich. Cent.

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Error to Marquette. (Grant, J.) Case. Plaintiff brings error. The facts are stated in the opinion. The signing of the release was procured through a misstatement that it was a receipt, when it was more, and amounted to a fraud upon plaintiff, who waived no rights by signing it: O’Donnell v. Segar, 25 Mich. 367; Mich. Cent. R. R. Co. v. Dunham, 30. Id. 128; Match v. Hunt, 38 Id. 1, 6, 7; Berry v. Whitney, 40 Id. 65; Lewis v. Gamage, 1 Pick. 347, 351. Procuring a signature to a contract under a misstatement of its contents is a fraud, and violates the contract: Gibbs v. Linabury, 22 Mich. 479;…

1Opinion of the CourtOhamplin, J.

This action was brought by the plaintiff against the defendant to recover damages for an injury received by him while working in the defendant’s mine, and *693which he claims was caused through the negligence of the defendant.

The defense was the general issue, under which the defendant introduced in evidence a written release and discharge of defendant, signed by the plaintiff, releasing and discharging defendant from all liability or claims for damages which he might have against it on account of disability received by plaintiff, while in its employ, on the ninth day of February, 1885, which was…

2Cases cited1 opinion

  1. Van Poucke v. Netherland St. Vincent De Paul SocietyMichigan Supreme Court · 1886

3Cited by17 opinions

  1. Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
  2. Fivey v. Pennsylvania RailroadSupreme Court of New Jersey · 1902
  3. Sanford v. Royal InsuranceWashington Supreme Court · 1895
  4. Konig v. Nevada-California-Oregon RailwayNevada Supreme Court · 1913
  5. Eckman v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1897

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