Painter v. Fletcher
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Linda A. Painter, and by the defendant, Austin B. Fletcher, as executor, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 22d day of August, 1918, upon the decision of the court after a special verdict had been received, and also from an order entered in said clerk’s office on the 24th day of July, 1918, denying defendant’s motion for a new trial made upon the…
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Cross-appeals by the plaintiff, Linda A. Painter, and by the defendant, Austin B. Fletcher, as executor, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 22d day of August, 1918, upon the decision of the court after a special verdict had been received, and also from an order entered in said clerk’s office on the 24th day of July, 1918, denying defendant’s motion for a new trial made upon the minutes. The plaintiff appeals from the judgment solely on the ground that it is insufficient in amount.
1Opinion of the Court
Page, J.:
An appeal was taken to this court from a judgment dismissing the complaint upon the pleadings and the opening of counsel. We then determined that if the agreement between the plaintiff and the defendant’s testator was intended by both parties thereto to be an inducement to Braker to sign the composition agreement between Ellingwood & Cunningham and their creditors, and if the making of the agreement was secret and unknown to the creditors of Ellingwood & Cunningham and intended by the plaintiff to be concealed from the creditors, the agreement would be void. We pointed out that the…
2Cases cited1 opinion
- Painter v. FletcherAppellate Division of the Supreme Court of the State of New York · 1918