Legal Opinion

Agan v. File

New York Supreme Court

Decided February 12, 1895PublishedCited by 1 opinion

Appeal from special term, Rensselaer county. Claim by Warren B. Agan against Hiram File and Eliza M. Agan, as executors of Lyman B. Agan, deceased. There was a judgment in favor of plaintiff, and defendants appeal. Affirmed.

1Opinion of the CourtHerrick, J.

I think there is evidence in this case to show that, prior to the year 1887, there was an outstanding claim or account between Warren B. Agan and Lyman B. Agan; that in February, 1887, the parties, upon examination of their accounts, differed as to the amount due, and finally agreed to adjust or compromise it at $1,200. There being evidence of such facts, we should not disturb the findings of the referee in respect thereto. It seems to me that the settlement or agreement upon that sum was the foundation of a new cause of action in favor of Warren B. against Lyman B. Agan. We are not at…

2Cases cited1 opinion

  1. Barnes v. RyanNew York Supreme Court · 1892

3Cited by1 opinion

  1. Fox v. PatachnikoffAppellate Terms of the Supreme Court of New York · 1912

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