Legal Opinion

Stearns v. Shepard & Morse Lumber Co.

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

Decided February 15, 1904No. 2PublishedCited by 1 opinion

Appeal by the plaintiff, George A. Stearns, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day. of May, 1903, upon the special verdict of a jury and an order of the court reducing the amount of such verdict. The ground of the appeal is the alleged inadequacy of the recovery.

1Opinion of the Court

Ingraham, J. :

The facts in. this case are stated in the opinion on the appeal by the defendant from the judgment entered upon the verdict of a jury in this action, decided herewith (91 App. Div. 49). The court submitted to the jury but one question, and that was as to the value of the plaintiff’s property which was sold under a judgment in an action in the State of New Jersey, in violation of a contract made between the defendant and the plaintiff. The jury found that the value of the property was the sum of $5,266. All the other questions affecting the amount for which the plaintiff was…

2Cases cited1 opinion

  1. Stearns v. Shepard & Morse Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1904

3Cited by1 opinion

  1. Landmesser v. HaywardAppellate Division of the Supreme Court of the State of New York · 1913

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