Legal Opinion

Potter v. Bierwirth

Appellate Division of the Supreme Court of the State of New York

Decided January 14, 1916PublishedCited by 7 opinions

Appeal by the defendants, Joseph W. Bierwirth and another, from, a judgment of the County Court of Queens county, entered in the office of the clerk of said county on the 19th day of May, 1915, upon the verdict of a jury for $125, and also from an order entered in said clerk’s office on the 29th day of May, 1915, denying defendants’ motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 15th day of May, 1915, granting…

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Appeal by the defendants, Joseph W. Bierwirth and another, from, a judgment of the County Court of Queens county, entered in the office of the clerk of said county on the 19th day of May, 1915, upon the verdict of a jury for $125, and also from an order entered in said clerk’s office on the 29th day of May, 1915, denying defendants’ motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 15th day of May, 1915, granting plaintiff’s motion for treble damages, and directing the clerk to enter judgment on the verdict and treble its amount.

1Opinion of the Court

Mills, J.:

This is an appeal hy the defendants from a judgment of the County Court of Queens county, entered upon the verdict of a jury rendered at a trial term thereof, and from an order made by the county judge at said term, denying the motion of defendants, upon the minutes, for a new trial. After the rendition of the verdict the plaintiff made a motion for the allowance of treble damages, and the court reserved decision upon the motion, the defendants’ attorney taking exception in case the' motion should be granted. Later the judge granted the motion, and a separate order was entered to…

2Cases cited3 opinions

  1. Van Pelt v. . McGrawNew York Court of Appeals · 1850
  2. Worrall v. . MunnNew York Court of Appeals · 1873
  3. E. H. Ogden Lumber Co. v. BusseAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by7 opinions

  1. Romanych v. Liverpool & London & Globe InsuranceNew York Supreme Court · 1957
  2. Frischman v. Metropolitan Tobacco Co.New York Supreme Court · 1951
  3. Giovanniello v. Hispanic Media Group USA, Inc.New York Supreme Court · 2004
  4. Lennon v. Philip Morris CompaniesNew York Supreme Court · 2001
  5. Williamson v. Casa-EguiaAppellate Division of the Supreme Court of the State of New York · 1929

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