Cleary v. Municipal Electric Light Co.
New York Supreme Court
Appeal from circuit court, Kings county. Action by John W. Cleary against the Municipal Electric Light Company. Prom a judgment on a verdict in plaintiff’s favor, and from an order denying defendant’s motion for a dismissal of the complaint, and for judgment notwithstanding the verdict, and for a new trial, defendant appeals.
1Opinion of the CourtCullen, J.
This is an appeal from a judgment for the plaintiff, entered on a verdict at circuit. The action was for damages for personal injury, by *952employe against employer. But one question has been argued before us on appeal, the effect of a release claimed to have been executed by the plaintiff. All parties agree that when the plaintiff was lying in the hospital, after his injury, he received from the defendant’s officers $250, which was placed in a savings bank to his credit. The testimony on behalf of the defendant was to the effect that the money was paid plaintiff to settle the cause of action,…
2Cases cited2 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Dixon v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1885
3Cited by18 opinions
- Pimpinello v. Swift & Co.New York Court of Appeals · 1930
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Farrington v. Harlem Savings BankNew York Court of Appeals · 1939
- Wilcox v. American Telephone & Telegraph Co.New York Court of Appeals · 1903
- Hancock v. BlackwellSupreme Court of Missouri · 1897
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