MacDonald v. Johns
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Dwight MacDonald against John N. Johns. Judgment for plaintiff, and both parties appeal. Modified, and, as modified, affirmed.
1DissentMacLEAN, J.
Although it has been held by this court that “where there is a mere error in a matter of figures, and a new trial will not change the result, a judgment may be modified, even by increasing the amount of the recovery” (Goldstein v. Greenberg, 18 *697Misc. Rep. 61, 41 N. Y. Supp. 21), to modify the judgment herein by increasing the amount of plaintiff’s recovery would seem, under the authorities, to be beyond the province of this court (Brockman v. Buell, 16 Daly, 90, 9 N. Y. Supp. 895; McHugh v. N. Y. El. Ry. Co., 65 Hun, 619, 19 N. Y. Supp. 744; Dayton v. Parke, 142 N. Y. 391, 398, 37 N. E. 642).
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2Cases cited5 opinions
- Dayton v. . ParkeNew York Court of Appeals · 1894
- Goldstein v. GreenbergAppellate Terms of the Supreme Court of New York · 1896
- Brockman v. BuellNew York Court of Common Pleas · 1890
- McHugh v. New York El. R.New York Supreme Court · 1892
- Saxton v. New York El. Ry. Co.New York Supreme Court · 1892