Dominicis v. United States Casualty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the United Statés Casualty Company, from an interlocutory judgment of the Supreme Court ih favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 16th day of January, 1909, upon the decision of the court rendered after a trial at the Albany Special Term overruling the defendant’s demurrer to the complaint, and also (as stated in the notice of appeal) from an order entered in said clerk’s office on the same day…
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Appeal by the defendant, the United Statés Casualty Company, from an interlocutory judgment of the Supreme Court ih favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 16th day of January, 1909, upon the decision of the court rendered after a trial at the Albany Special Term overruling the defendant’s demurrer to the complaint, and also (as stated in the notice of appeal) from an order entered in said clerk’s office on the same day directing the entry of the said interlocutory judgment. The demurrer was on the ground that the complaint did not state facts…
1Opinion of the Court
Chester, J.:
The parties do .not disagree materially ¡as to the law applicable to this case, and that is, that in order to entitle the plaintiff to have the release rescinded in equity he -must show that it was executed as the result of a mutual mistake as to an existing fact. The defendant insists that the mistake was not one of fact, but of belief or opinion. This question must he judged solely by the -allegations of the complaint. These to my mind are ample to show that the release was signed and delivered as the result of a mutual mistake as to an existing fact. It is asserted in the…
2Cited by17 opinions
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- Atchison, Topeka & Santa Fe Railway Co. v. PetersonArizona Supreme Court · 1928
- Vondera v. ChapmanSupreme Court of Missouri · 1944
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