Opinion
November, 1906.
Adolph Hirsch Rosenfeld, for appellant.
Hastings Gleason, for respondent.
As the defendant presented accord and satisfaction as a defense the learned trial justice quite properly allowed the plaintiff to show that fraud vitiated the settlement between the parties. It was not necessary that the plaintiff should have alleged the fraud in his pleading. He could not be assumed to have known that a defense would be interposed. The record shows no error requiring a reversal.
Present: GILDERSLEEVE, DUGRO and DOWLING, JJ.
Judgment affirmed, with costs.