Walbourn v. Hingsten
New York Supreme Court
Appeal from special term, Erie county. Action by Henry Walbourn against Edward J. Hingsten. From an interlocutory judgment overruling a demurrer to the reply to new matter contained in the answer, defendant appeals.
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Appeal from special term, Erie county. Action by Henry Walbourn against Edward J. Hingsten. From an interlocutory judgment overruling a demurrer to the reply to new matter contained in the answer, defendant appeals. The alleged cause of action is criminal conversation of the defendant with plaintiff’s wife in the spring and summer of 1891. The new matter alleged in the answer is that in April, 1892, the plaintiff received from the defendant the sum of $500 in full satisfaction and discharge, among other things, of the damages mentioned and alleged in the complaint, and thereupon delivered to…
1Opinion of the CourtBradley, J.
The plaintiff does not controvert the fact that he made the release set forth in the answer, but alleges that it was not intended to and did not embrace the matters constituting the cause of action charged in the complaint, and that it was made in reference solely to a certain other matter about which a controversy had arisen between the parties. Those allegations of the *118reply relate not to the terms of the instrument, but to its purpose and effect. And in support of the assertion in that respect the plaintiff alleges that when it was made he was ignorant of the matters which constitute the…
2Cases cited6 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Kirchner v. New Home Sewing MacHine Co.New York Court of Appeals · 1892
- Kirchner v. New Home Sewing-Machine Co.New York Supreme Court · 1891
- Klock v. BrennanNew York Supreme Court · 1891
- Noble v. . KellyNew York Court of Appeals · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Rector of St. James Church v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1941
- Warner v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Chicago, Burlington & Quincy Railroad v. ImhoffCourt of Appeals of Kansas · 1896
- O'Donnell v. Thompson-Starrett Co.City of New York Municipal Court · 1915
- Morris v. MoglenAppellate Division of the Supreme Court of the State of New York · 1945