McKean v. Adams — 57 N.Y. St. Rep. 651

Majority

p. 651

Bernard S. McKean, App’lt, v. Charles H. Adams, Resp’t.

(New York City Court, General Term,

Filed February 8, 1894.)

Headnote

Appeal—Case.

The settlement of a case on appeal will he set aside, where it was induced hy deception and suppression of the truth on the part of the appellant’s attorney.

Appeal from an order vacating and setting aside the settlement of a case on respondent’s motion.

F. Q. Bullard, for app’lt, (F. F. Bullard, of counsel); Booream, Hamilton & Beckett, ( William H. Hamilton and Henry M. Ward, of counsel) for resp’t.

Evidently the trial justice made the order appealed from because he believed that he was induced to settle the case on appeal by deception and suppression of the truth on the part of the appellant’s attorney. Under such circumstances, it was not alone his right but his duty to make such an order, so that no injustice might be done respondent because of an incorrect and false record by the appellate court. The order is affirmed with costs and disbursements.

Van Wyok, P. J., concurs.