Pitcher v. Turin Plank Road Co.
New York Supreme Court
This was an appeal by the defendants from a judgment of the county court of Lewis county, affirming the judgment of a justice of the peace. The action was brought-by the plaintiff, after attaining full age, to avoid an agreement made during infancy for the compromise of a suit with which he was threatened, and to recover back money paid in pursuance of such agreement. The justice rendered a judgment in favor of the plaintiff for $10 and costs.
1Opinion of the Court
By the Court, Gridley, P. J.
The plaintiff in the justice’s court sued the plank road company to recover back the sum of ten dollars, which he had paid to compromise or settle a threatened suit against him, for the penalty of $25 for running the gate of the defendant. It is true the plaintiff would be liable at common law for the trespass; but_the justice must have found that'-the compromise was made under the mistaken supposition that! he was liable for the penalty of twenty-five dollars; and tlliat finding, even if founded on less conclusive evidence than it is, would be binding on this…
2Cases cited1 opinion
- Stryker v. BergenNew York Supreme Court · 1836
3Cited by5 opinions
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- Hebron v. City of New YorkAppellate Terms of the Supreme Court of New York · 1912
- Inhabitants of Livermore v. Inhabitants of PeruSupreme Judicial Court of Maine · 1867
- United States v. BadeauDistrict Court, S.D. New York · 1886
- Taplin v. WilsonNew York Supreme Court · 1875