Walker v. Freedman
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by Charles B. Walker, as agent of'the estate of Boring P. Hawes, against Jacob Freedman. From a judgment for plaintiff, defendant appealed. Reversed, and new trial ordered.
1Opinion of the CourtBischoff, J.
The writing, which evidenced a renewal of a lease for a year, was sought by the defendant to be attacked for fraud and deceit in accordance with the averments of a defense duly pleaded; the ground of the defense being that the plaintiff procured the defendant’s execution of the renewal through an intentional misrepresentation that the paper expressed a monthly hiring, upon which statement the defendant relied. All evidence properly offered in support of this defense was excluded, for the reason, as the record would indicate, that, since the defendant could read, any transactions leading up to…
2Cases cited2 opinions
- Wilcox v. American Telephone & Telegraph Co.New York Court of Appeals · 1903
- Pelgram v. EhrenzweigAppellate Terms of the Supreme Court of New York · 1906
3Cited by1 opinion
- Earlington Realty Corp. v. SchwartzAppellate Terms of the Supreme Court of New York · 1926