Murray v. . Narwood
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 25, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. 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 April 25, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in charging as requested by the plaintiff that where a contract is in part illegal and the illegal part is severable from the balance, the fact of such illegality is not to render the whole contract illegal, but the courts will recognize and enforce the…
1Opinion of the CourtHaight, J.
This action was brought to recover the sum of $10,000, with interest accrued thereon, upon the following written agreement:
“ R. A. Mansfield Hobbs,
“ Attorney at Law,
“ 271 Broadway,
“ 27ew York, November 10bh, 1905.
“It is hereby mutually agreed that the suit of James D’O. Murray against Holmes M. Harwood, be hereby settled and compromised for the sum of ten thousand dollars ($10,000), to be paid in cash at this office on or before the 1st day of December, 1905.
“JAMES D’O. MURRAY,
“ HOLMES M. HARWOOD.
“ Witness,
“ R. A. Mansfield Hobbs.”
The facts, in so far as they are material to be here…
2Cases cited5 opinions
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
- Whitlatch v. . Fidelity and Casualty Co.New York Court of Appeals · 1896
- Farmers' Loan & Trust Co. v. SiefkeNew York Court of Appeals · 1895
- Doheny v. . LacyNew York Court of Appeals · 1901
- Simpson v. DavisMassachusetts Supreme Judicial Court · 1876
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- Fleming v. PonzianiNew York Court of Appeals · 1969
- Mix v. NeffAppellate Division of the Supreme Court of the State of New York · 1984
- Colton v. New York HospitalNew York Supreme Court · 1979
- In re the Arbitration between Aqua Mfg. Co. & H. Warshow & Sons, Inc.New York Supreme Court · 1943
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