Abbey v. Heins

STEWART, Judge.

Judgment in the sum of $15,000 was awarded plaintiff in his action for personal injuries against defendant, the operator of an automobile in which plaintiff was a passenger.

As an affirmative defense defendant alleged that plaintiff had executed an agreement releasing defendant from all claims arising out of the accident. Plaintiff, by reply, alleged that the release was procured by fraud. A jury returned a verdict in favor of plaintiff in the separate trial of the issue of the validity of the release.

It is generally held that the elements of actionable fraud are: “(1) A…