Reilly v. . Barrett
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 7, 1915, affirming a judgment in favor of plaintiff entered upon a verdict bringing up for review an order of the Appellate Division, entered December 4, 1914 (166 App. Div. 904), which affirmed an interlocutory judgment of Special Term dismissing a supplemental answer.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 7, 1915, affirming a judgment in favor of plaintiff entered upon a verdict bringing up for review an order of the Appellate Division, entered December 4, 1914 (166 App. Div. 904), which affirmed an interlocutory judgment of Special Term dismissing a supplemental answer. The nature of the action and the facts, so far as material, are stated in the opinion. The matters alleged in the defendant’s supplemental answer constituted a complete defense to the action.…
1Opinion of the CourtAndrews, J.
This action was brought to recover damages for personal injuries caused by the alleged negligence of the defendant. As an affirmative defense a supplemental answer alleged “That on or about the 16th day of August, 1912, the defendant, in good faith, served his verified answer to the complaint herein denying generally the validity of the plaintiff’s claim, and thereafter, and on or about the 10th day of December, 1913, an agreement was made between the plaintiff and the defendant, through their respective attorneys, by which.the defendant agreed to pay to the plaintiff in full settlement of…
2Cases cited4 opinions
- Kromer v. . HeimNew York Court of Appeals · 1879
- Babcock & Russell v. HawkinsSupreme Court of Vermont · 1851
- Mance v. . HossingtonNew York Court of Appeals · 1912
- Bandman v. . FinnNew York Court of Appeals · 1906
3Cited by43 opinions
- Denburg v. Flattau & KlimplNew York Court of Appeals · 1993
- Werking v. Amity Estates, Inc.New York Court of Appeals · 1956
- Goldbard v. Empire State Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1958
- Planet Construction Corp. v. Board of EducationNew York Court of Appeals · 1960
- Larscy v. T. Hogan & Sons, Inc.New York Court of Appeals · 1925
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