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Gillen Bros. v. United States Casualty Co.

91 N.Y.S. 1095 Court N.Y. App. Term Decision date 1905-01-17 English

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p. 1095
GILLEN BROS. CO., Respondent, v. UNITED STATES CASUALTY CO., Appellant.
(Supreme Court, Appellate Term.
January 17, 1905.)

Headnote

Appeal from City Court of New York, Trial Term. Action by the Gillen Brothers Company against the United States Casualty Company. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Reversed. Carl Schurz Petrasch, for appellant. McFarland, Taylor & Costello, for respondent.

The case contains no evidence whatever of anything that can properly be called duress. The complaint should have been dismissed. Judgment reversed, and new trial ordered, with costs to appellant to abide the event.