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Most v. McArdle

70 N.Y. St. Rep. 906 Court N.Y. Super. Ct. Decision date 1895-12-18 English

Delivered by Gildbrsleeve, J.

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Majority

p. 906
Albert Most v. John McArdle.
N. Y. Supr. Ct.
December 18, 1895.
B. J. Mahon, for pl’ff; B. M. Williams, for def’t.

— This appeal is from a judgment rendered at special term, dismissing the complaint on the merits. The action was brought in equity for a rescission of a settlement of indebtedness owing by respondent to appellant upon the ground of fraud, alleged to have been perpetrated by the respondent in procuring the settlement. A careful examination of the record-fails to disclose any errors of law. The conclusions of fact reached by the learned trial judge are fully supported by the evidence, and the judgment should not be disturbed. Judgment affirmed, with costs to respondent.