Haskell v. Miller

We find nothing in the instrument pleaded as a defense nor in the facts stipulated to bring the case without the rule applicable to general releases. It is well settled that general words of release are deemed to be limited by a recital of a particular claim, obligation or controversy where there is nothing on the face of the instrument indicating that matters other than those specifically referred to were intended to be discharged. (Mitchell v. Mitchell, 170 App. Div. 452, 456.)

Here the particular controversy recited was the stock account. No mention whatever is made of the cotton account in…