Hill v. McKinley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCohn, J.
The judgment appealed from has been recovered by plaintiff in an action upon a settlement and indemnity agreement entered into between the parties on September 4, 1930. The sole defense at the trial was that plaintiff is estopped from bringing the action against defendant because prior to the commencement thereof plaintiff had rescinded for fraud the agreement upon which this suit rests, and had prosecuted an action upon such rescission.
The question presented upon this appeal is whether plaintiff in rescinding the settlement agreement and prosecuting the action for fraud in its procurement…
2Cases cited7 opinions
- United States v. Oregon Lumber Co.Supreme Court of the United States · 1922
- Schenck v. . State Line Telephone Co.New York Court of Appeals · 1924
- Clark v. KirbyNew York Court of Appeals · 1926
- Mack v. . LattaNew York Court of Appeals · 1904
- Herder v. CliffordNew York Court of Appeals · 1929
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3Cited by9 opinions
- Hamlin MacHine Co. v. Holtite Mfg. Co.Court of Appeals of Maryland · 1976
- Prudential Oil Corp. v. Phillips Petroleum Co.District Court, S.D. New York · 1975
- 331 East 14th St. LLC v. 331 East Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Albert v. Martin Custom Made Tires Corp.Court of Appeals for the Second Circuit · 1941
- People v. Texaco, Inc.New York Supreme Court · 1975
4 more not listed; retrieve them via the Exa API.