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117 N.Y.S. 893

Howell v. Bloom

Appellate Terms of the Supreme Court of New York · decided 1909-06-29

<p>Contracts (§ 93*)—Signature—Meeting of Minds.</p> <p>A business man of experience may not escape his undertaking by saying that he signed the contract without reading it, when the only person who can contradict his present statement that something else should be read into the instrument is insane.</p> <p>[Ed. Note.—For other cases, see Contracts, Cent. Dig. § 416; Dec. Dig. § 93.*]</p>

Reversed, and new trial ordered · Decided 1909-06-29

PER CURIAM.

¶1We think that a man, years in business, with consequent education to prudence, should not be permitted to escape his own undertaking under his own signature upon his saying he did not read the writing, and when the only man who can contradict his present saying that something else should be read into the writing he signed is in the insane asylum.

¶2Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

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