Van Nuys v. Fitsworth
New York Supreme Court
Appeal from special term, Livingstone county. Action by Webster B. Van ífuys against Josiah E. Fitsworth and others upon a partnership account. After the case was partially tried, an agreement for a settlement was made, and a stipulation thereof entered on the minutes of the referee. Subsequently, on the application of the plaintiff, an order was made setting aside the agreement. From this order defendant Fitsworth appeals.
1Opinion of the CourtDwight, P. J.
Agreements and stipulations made between the parties to a pending action, and relating to its prosecution or discontinuance, are regarded as specially within the supervision and control of the court, and a wide discretion is exercised in relieving parties from such agreements, even though made upon sufficient consideration, if only both parties can be restored to the same condition as when the agreement was made. It is not necessary in such *508case to show fraud, deceit, or mutual mistake, overreaching, or undue influence. It is sufficient if it appear that either party has inadvertently,…
2Cases cited2 opinions
- Barry v. . Mutual Life Ins. Co. of N.Y.New York Court of Appeals · 1873
- Becker v. LamontNew York Supreme Court · 1855
3Cited by15 opinions
- In Re Estate of FrutigerNew York Court of Appeals · 1971
- Yonkers Fur Dressing Co. v. Royal InsuranceNew York Court of Appeals · 1928
- Foote v. AdamsAppellate Division of the Supreme Court of the State of New York · 1931
- Magnolia Metal Co. v. PoundAppellate Division of the Supreme Court of the State of New York · 1901
- Woods v. First National BankAppellate Court of Illinois · 1942
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