Duquette v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the d'efeúdant, The New York Central and Hudson Biver Bailroa.d Company, from a judgment of the County Court of J efferson county in favor of the plaintiff, entered in the office of the clerk of said county on the 29th day of June, 1909, upon the verdict of a jury fór $171, and also from an order entered in said .clerk’s office on the 1st day of July, 1909, denying- the defendant’s motion for a new trial made upon the minutes, with notice of an intention to bring…
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Appeal by the d'efeúdant, The New York Central and Hudson Biver Bailroa.d Company, from a judgment of the County Court of J efferson county in favor of the plaintiff, entered in the office of the clerk of said county on the 29th day of June, 1909, upon the verdict of a jury fór $171, and also from an order entered in said .clerk’s office on the 1st day of July, 1909, denying- the defendant’s motion for a new trial made upon the minutes, with notice of an intention to bring up for review.an order entered on the 29th day of June, 1909, denying the defendant’s motion for a nonsuit.
1Opinion of the Court
Williams, J.:
The judgment and order should be affirmed,- with costs.
The action was brought to recover damages for fraud-.in the compromise of a claim for jin juries alleged to have been caused by defendant’s negligence.. ■ The compromise was made between the plaintiff and the claim agent of defendant, one McCormick. The fraud alleged was the ■ *413statement made by McCormick. to plaintiff that the defendant would pay only $151 when it had already consented to pay $325, and had placed that sum of money in McCormick’s hands to make the compromise with. The plaintiff accepted the $151, and signed…
2Cases cited1 opinion
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
3Cited by4 opinions
- Swan v. Great Northern Railway Co.North Dakota Supreme Court · 1918
- Urtz v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Sharkany v. Hardware Mutual Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Sloat v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1911