Kearney v. National Grain Yeast Corp.

The opinion of the court was delivered by

Perskie, J.

We are asked to decide, amongst other things, whether plaintiff’s release to the defendant corporation and to its president, Samuel Brass, which release plaintiff alleges was induced by the fraud of all the defendants, bars plaintiff’s action at law for deceit against any or all of the defendants.

The plaintiff, Leo Kearney, and the defendants Samuel Brass, Frank Hale and Harold Goldman, together with one George Porrazzo, agreed to form a corporation and orally agreed on the financial interest each party to the agreement was to receive in the…