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91 A.D. 30

Vooth v. McEachen

Appellate Division of the Supreme Court of the State of New York · decided 1904-02-15

Appeal by the defendant, James 0. McEachen, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county >of New York on the 9th day of April, 1903, upon the verdict of á jury, and also from an order entered in said clerk’s office on the 8th day of April, 1903, denying the defendant’s motion for a new trial made upon the minutes.

Decided 1904-02-15

Laughlin, J. (dissenting) :

¶1I think, if the plaintiff was mistaken about signing the papers in blank, it must be presumed that he knew their contents. According to his testimony, there being no writing, there, was no misrepresentation as to the contents. He merely contends that the papers were signed in blank. That contention, in my judgment, cannot be sustained. It, therefore, follows that he signed with these papers filled out as they now appear, and, if so, he'is chargeable with knowledge of their contents,, and the settlement was authorized.

¶2Judgment and order affirmed, with costs.

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