Holbrook, Cabot & Rollins Corp. v. Sperling
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Eastern District of New York. Action by Hugo Sperling against the Holbrook, Cabot & Rollins Corporation. Judgment for plaintiff, and defendant brings error. It appeared without contradiction that Sperling had been an employé of the Holbrook Corporation, and in its service received personal injuries.
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In Error to the District Court of the United States for the Eastern District of New York. Action by Hugo Sperling against the Holbrook, Cabot & Rollins Corporation. Judgment for plaintiff, and defendant brings error. It appeared without contradiction that Sperling had been an employé of the Holbrook Corporation, and in its service received personal injuries. For these injuries he signed a release in ordinary form, whereby he discharged the corporation from all “demands of any kind” which he then had or might thereafter have “for persohal injuries, breach of contract, or any other liability…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). This action is at law, and the complaint does not attempt to allege fraud. The plaintiff below can read and write, and admitted that he had read at least a portion of the release he signed, but averred that it did not represent all of the promises made to him by the representative of his employer who settled the claim, viz. it omitted the agreement for life employment.
*716Under the pleadings in this action and the facts shown the release was a bar. Where fraud is asserted, a plaintiff may admit that he signed a paper called a release, yet assert that he did not…
2Cases cited2 opinions
- Drobney v. Lukens Iron & Steel Co.Court of Appeals for the Second Circuit · 1913
- De Lamar v. HerdeleyCourt of Appeals for the Second Circuit · 1909
3Cited by5 opinions
- Fitzpatrick v. Sun Life Assur. Co. of CanadaDistrict Court, D. New Jersey · 1941
- Janney v. Virginian Railway Co.West Virginia Supreme Court · 1937
- Gunter v. Standard Oil Co.Court of Appeals for the Eighth Circuit · 1932
- Mutual Ben. Health & Accident Ass'n v. WarrellCourt of Appeals for the Eighth Circuit · 1938
- In re AtwaterCourt of Appeals for the Second Circuit · 1920