Spencer v. Hunt

Plaintiff sued both defendants, claiming he was injured by their joint negligence. Both defendants answered, the defendant Hunt alleging, among other defenses, that plaintiff gave him a general release in consideration of the payment of $300. Plaintiff, in a reply, alleged that the release was obtained, by an agent for the insurer of defendant Hunt, under a mutual mistake of fact and by means of fraudulent representations. Defendant Hunt made a motion for a separate trial of the release issues. From an order denying the motion, this appeal is taken.

We think the motion should have been…