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Holland v. Atlantic Stevedoring Co.

Court of Appeals of the State of New York
Jan 21, 1925
147 N.E. 214 (N.Y. 1925)

Opinion

Submitted December 19, 1924

Decided January 21, 1925

Appeal from the Supreme Court, Appellate Division, Second Department.

Ralph Stout and Harry S. Austin for appellant.

Paul Koch and Charles O. Truex for respondent.


Affirmed upon the authority of Brassel v. Electric Welding Company ( 239 N.Y. 78). The affidavit sets forth facts sufficient to show an accord and satisfaction or a release by a payment in full within the purport and meaning of subdivision 7 of rule 107 of the Rules of Civil Practice.

The judgment should be affirmed, with costs.

HISCOCK, Ch. J., CARDOZO, POUND, CRANE, ANDREWS and LEHMAN, JJ., concur; McLAUGHLIN, J., absent.

Judgment affirmed.


Summaries of

Holland v. Atlantic Stevedoring Co.

Court of Appeals of the State of New York
Jan 21, 1925
147 N.E. 214 (N.Y. 1925)
Case details for

Holland v. Atlantic Stevedoring Co.

Case Details

Full title:JAMES HOLLAND, Appellant, v. ATLANTIC STEVEDORING COMPANY, Respondent

Court:Court of Appeals of the State of New York

Date published: Jan 21, 1925

Citations

147 N.E. 214 (N.Y. 1925)
147 N.E. 214

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