McCreery v. . Day
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 24, 1889, which affirmed a judgment in favor of defendants, entered upon an order of Special Term granting a motion for judgment on the pleadings.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 24, 1889, which affirmed a judgment in favor of defendants, entered upon an order of Special Term granting a motion for judgment on the pleadings. This action was brought to recover certain sums alleged to be due plaintiffs under a contract dated March 2, 1882, between the plaintiffs, as parties of the first part, and C. H. Andrews, as party of the second part, and 0.. It. Garrison, defendant’s testator, as party of the third part. By the terms of the contract,…
1Opinion of the CourtAndrews, J.
The parties by their agreement indorsed on the contract of March 2, 1882, in terms annuled that contract and declared that it should be of no further effect. The claim that the annulment of the contract did not discharge Garrison’s obligation under the original contract to pay his proportion of expenditures made by the plaintiffs for the constriction of the Pittsburgh, Youngstown and Chicago railroad, between the date of the contract and its annulment, depends on the intention to be deduced from the agreement of annulment, construed in light of the attending circumstances. Where a contract is…
2Cases cited5 opinions
- Kromer v. . HeimNew York Court of Appeals · 1879
- City of Memphis v. BrownSupreme Court of the United States · 1874
- Cutter v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1883
- Allen v. JaquishNew York Supreme Court · 1839
- Allen v. CrofootNew York Supreme Court · 1827
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