Legal Opinion
Hutzler v. Hertz Corp.
New York Court of Appeals
Decided April 6, 1976PublishedCited by 37 opinions
1Opinion of the CourtJasen, J.
In this action against defendant tort-feasor arising out of the compromise of a personal injury and wrongful death claim made with the tort-feasor by plaintiff’s attorney with the consent of the plaintiff, we are asked to decide whether defendant tort-feasor was discharged from liability where its settlement draft, naming plaintiff and her attorney as payees, was negotiated by the attorney on plaintiffs forged indorsement and the proceeds of the draft appropriated. For the reasons which follow, we hold that the tort-feasor’s liability was discharged upon payment of the settlement draft by the…
2Cases cited27 opinions
- National Surety Co. v. President & Directors of the Manhattan Co.New York Court of Appeals · 1929
- Henderson v. Lincoln Rochester Trust Co.New York Court of Appeals · 1951
- Hillsley v. State Bank of AlbanyAppellate Division of the Supreme Court of the State of New York · 1965
- Sage v. BurtonNew York Supreme Court · 1895
- Burstein v. SullivanAppellate Division of the Supreme Court of the State of New York · 1909
22 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Hechter v. New York Life InsuranceNew York Court of Appeals · 1978
- Capital Dredge and Dock Corporation, an Ohio Corporation v. City of Detroit, a Municipal CorporationCourt of Appeals for the Sixth Circuit · 1986
- Clarkson v. Selected Risks Insurance CompanyNew Jersey Superior Court Appellate Division · 1979
- Kenerson v. FDICCourt of Appeals for the First Circuit · 1995
- Nelson v. Consumers Power Co.Michigan Court of Appeals · 1993
32 more not listed; retrieve them via the Exa API.