Price v. Androvette — 246 N.Y. 596

Majority

p. 596

Henry V. F. Price, Respondent, v. Edward E. Androvette, Appellant.

Headnote

Contract — master and servant — equity — action to set aside mutual release and promissory note and to recover on contract of employment.

Price v. Androvette, 220 App. Div. 704 , affirmed.

(Argued October 19, 1927;

decided November 22, 1927.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 13,1927, unanimously affirming a judgment in favor of plaintiff entered upon a decision

p. 597

of the court on trial at Special Term. The action was brought by the plaintiff, an employee, against the defendant, his employer, to set aside a mutual release signed by the plaintiff and defendant, and to have surrendered and canceled a promissory note for an amount stated in said release to be due, and for judgment in favor of the plaintiff and against the defendant in an amount to which plaintiff claimed he was entitled as a result of a contract of employment between the plaintiff and the defendant.

Frank Harvey Field and Edo E. Mercelis for appellant.

George Tilzer and Emmanuel Lewin for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Andrews, Lehman, Kellogg and O’Brien, JJ. Not voting: Crane, J.