Murphy v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 31, 1907, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 31, 1907, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The release given by the plaintiff to the city of New York was not only general in form but general in fact, and, therefore, released every claim which the plaintiff then had against the city of New York. (Slayton v. Hemken, 91 Hun, 582; Kirchner v. N. H. M. S. Co., 135…
1Opinion of the CourtHiscock, J.
This action was brought to recover damages alleged to have been suffered during a period of six years on account of the improper and negligent construction and maintenance of a sewer. Amongst other defenses was one based upon an alleged general release executed by the respondent to the appellant, and the only question presented to us on this appeal arises in connection with the construction of this instrument. While the latter is asserted by the appellant to be unlimited and, therefore, to cover the present cause of action, it is claimed by the respondent on the contrary to be restricted in…
2Cases cited1 opinion
- Slayton v. HemkenNew York Supreme Court · 1895
3Cited by15 opinions
- Vines v. General Outdoor Advertising Co.Court of Appeals for the Second Circuit · 1948
- Walder v. Paramount Publix CorporationDistrict Court, S.D. New York · 1955
- Mitchell v. MitchellAppellate Division of the Supreme Court of the State of New York · 1915
- Tilley v. Anixter Inc.United States Bankruptcy Court, D. Connecticut · 2005
- Green v. Lake Placid 1980 Olympic Games, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
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