GARLOCK v. NEW YORK TREE SAVERS, INC.

Civ. 8453.

199 F.Supp. 59 (1961)

Marie Z. GARLOCK and Robert A. Garlock, Plaintiffs, v. NEW YORK TREE SAVERS, INC., Defendant.

United States District Court W. D. New York.

November 15, 1961.


Attorney(s) appearing for the Case

Sigmund Schwartz, Buffalo, N. Y., and Edward J. Skeens, Washington, D. C., for plaintiffs.

Gibbons, Pottle, O'Shea & Adamson, Buffalo, N. Y. (Philip O'Shea, Buffalo, N. Y., of Counsel), for defendant.


HENDERSON, District Judge.

The defendant has pleaded, as part of its answer, an affirmative defense of the bar of an allegedly general release given by plaintiff wife to plaintiff husband prior to the commencement of this action. The release was given in consideration of $6,000, paid to the wife by the husband's liability insurer. In pleading the defense, defendant relies upon the general rule that the release of one joint-tortfeasor releases other joint-tortfeasors...

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