Shannon v. Horton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant from a judgment of the Supreme Court entered in the office of the clerk of the county of Orange on the 16th day of December, 1914, in favor of the plaintiff, and also from an order entered in said clerk’s office on the 4th day of January, 1915, denying his motion for a new trial.
1Opinion of the Court
Thomas, J.:
The evidence shows that during the year preceding the execution of the release the plaintiff had full knowledge of the agency *954existing between the defendant and Stever. He has been permitted to avoid the release upon his untrue statement that he had not such knowledge and upon evidence that the subject of the present action was not involved in the former account rendered to the defendant, and was not discussed or asserted at or before the time the release was made. The letter of June 32, 1911, indicates not only the realization of the relation of Horton and Stever, but also that it…
2Cases cited1 opinion
- Brooklyn, Queens County & Suburban Railroad v. LittletonNew York Court of Appeals · 1906