McDERMOTT v. BOTWICK


38 N.J. Super. 528 (1956)

119 A.2d 776

MARGARET McDERMOTT, PLAINTIFF-APPELLANT, v. SILVIA BOTWICK, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 6, 1956.


Attorney(s) appearing for the Case

Mr. David Cohn argued the cause for the appellant (Mr. Albert L. Cohn, on the brief).

Mr. Robert L. Clifford argued the cause for the respondent (Messrs. Mead, Gleeson, Hansen & Pantages, attorneys).

Before Judges CLAPP, GOLDMANN and FRANCIS.


The opinion of the court was delivered by FRANCIS, J.A.D.

Defendant was granted a summary judgment on motion before trial in this automobile negligence personal injury suit. The action was taken on the ground that a general release executed in favor of defendant barred the claim. Plaintiff appeals, alleging that on the affidavit submitted a jury question existed as to whether the release was procured by fraud.

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