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Muthig v. Muthig

Appellate Division of the Supreme Court of New York, Third Department
Sep 30, 1953
282 App. Div. 848 (N.Y. App. Div. 1953)

Opinion

September 30, 1953.

Appeal from Sullivan County Court.

Present — Foster, P.J., Bergan, Coon, Halpern and Imrie, JJ.


Plaintiff had brought action upon a separation agreement. Defendant's amended answer, apart from denials, in four separate defenses and a counterclaim, alleges, among other matters, payment as well as fraud in the procuring of the agreement in suit by representations known to her to be false and untrue and made with intent to deceive defendant. The issues were tried at a Trial Term of the County Court and a verdict rendered by the jury in favor of the defendant. The verdict was set aside and a mistrial declared. The record discloses a triable issue of fact. Order unanimously affirmed, with $10 costs.


Summaries of

Muthig v. Muthig

Appellate Division of the Supreme Court of New York, Third Department
Sep 30, 1953
282 App. Div. 848 (N.Y. App. Div. 1953)
Case details for

Muthig v. Muthig

Case Details

Full title:PEARL MUTHIG, Appellant, v. CHARLES MUTHIG, Respondent

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 30, 1953

Citations

282 App. Div. 848 (N.Y. App. Div. 1953)