Metcalf v. Morse Ironworks & Dry Dock Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York. Action by Samuel Metcalf against the Morse Ironworks & Dry Dock Company. From an order denying plaintiff’s motion for a new trial after dismissal of his complaint on the evidence, he appeals. Affirmed.
1Opinion of the CourtFreedman, P. J.
The plaintiff was bound by the "compromise agreement because he had signed and assented to it. His contention that because he omitted to set opposite his name the amount of his claims, and left the amount blank, instead of specifying it, as the other creditors did, and did not.intend to include in it the note upon which he brought this action, and which at that time had been discounted by a bank for his benefit and upon the strength of his indorsement, he may still maintain the action upon the note, is untenable. In England it was held long ago that if a creditor leave the amount of his…
2Cases cited4 opinions
- N.Y. State Loan and Trust Co. v. . HelmerNew York Court of Appeals · 1879
- Van Bokkelen v. . TaylorNew York Court of Appeals · 1875
- Harloe v. . FosterNew York Court of Appeals · 1873
- Brunt v. BruntNew York Court of Chancery · 1834
3Cited by1 opinion
- Meserole Securities Co. v. CosmanAppellate Division of the Supreme Court of the State of New York · 1929