Warner v. Star Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Star Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 9th day of April, 1914, denying defendant’s motion for an order directing that certain of the issues herein be tried before the other issues.
1Opinion of the Court
Burr, J.:
Defendant, for answer to a complaint to recover damages for personal injuries resulting from negligence, pleaded a general denial, and also set up as an affirmative defense that, after the date of the alleged injuiy and before the commencement of this action, plaintiff for a valuable consideration executed and delivered to it an instrument in writing and under seal, by which he released it from the claim set up in the complaint. In obedience to an order requiring a reply to this affirmative defense, plaintiff alleged, first, that such release was executed and delivered and the…
2Cases cited6 opinions
- Arthur v. . Homestead Fire Ins. Co.New York Court of Appeals · 1879
- Smith v. Western Pacific Railway Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Pattat v. PattatAppellate Division of the Supreme Court of the State of New York · 1904
- Smith v. SalomonNew York Court of Common Pleas · 1877
- Walbourn v. HingstenNew York Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- McGurty v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1916
- Piuntkosky v. Thomas Harrington's Sons Co.Appellate Division of the Supreme Court of the State of New York · 1915
- In re the Estate of AlbrightNew York Court of Appeals · 1955
- Lynch v. FiggeAppellate Division of the Supreme Court of the State of New York · 1922
- Lynch v. FiggeAppellate Division of the Supreme Court of the State of New York · 1920
13 more not listed; retrieve them via the Exa API.