New York Court of Appeals

Rose M. Urtz, as Administratrix of the Estate of Richard M. Urtz v. the New York Central and Hudson River Railroad…

May 16, 1911202 N.Y. 170

Summary

The New York Court of Appeals reversed the Appellate Division and ordered a new trial, holding that a plaintiff must first establish a valid and existing claim at the time of a fraudulent compromise to recover damages, and that the trial judge erred by failing to instruct the jury on this requirement.