Holland v. Atlantic Stevedoring Co.

147 N.E. 214 | NY | 1925

Affirmed upon the authority of Brassel v. Electric WeldingCompany (239 N.Y. 78). The affidavit sets forth facts sufficient to show an accord and satisfaction or a release by a payment in full within the purport and meaning of subdivision 7 of rule 107 of the Rules of Civil Practice.

The judgment should be affirmed, with costs.

HISCOCK, Ch. J., CARDOZO, POUND, CRANE, ANDREWS and LEHMAN, JJ., concur; McLAUGHLIN, J., absent.

Judgment affirmed.