Rogers v. . Weir
New York Court of Appeals
Appeal from the judgment of the Supreme Court at General Term," reversing a judgment entered upon a verdict in favor of the plaintiff.
1Opinion of the CourtMorgan, J.
The verdict of the jury being for the whole value of the property, it is to be implied that the defendant sold a part of it, before it was attached, without the permission of the plaintiff. That amounted to $166, and there is no ground upon which the plaintiff should he deprived of the verdict to that extent, unless a new trial is granted, notwithstanding the stipulation for final judgment in this court. If the order is afiBrmed, and a final judgment directed, I think it should be that the plaintiff recover that amount, to be deducted from the defendant’s judgment, for costs in the Supreme…
2Cases cited10 opinions
- Bruckner's lessee v. LawrenceMichigan Supreme Court · 1843
- Rinchey v. . StrykerNew York Court of Appeals · 1863
- Marshall v. DavisNew York Supreme Court · 1828
- Shaw v. CosterNew York Court of Chancery · 1840
- Clark v. SkinnerNew York Supreme Court · 1823
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3Cited by22 opinions
- Roberts v. WimberlyTexas Supreme Court · 1874
- Bullis v. . MontgomeryNew York Court of Appeals · 1872
- McEntee v. . the New Jersey Steamboat Co.New York Court of Appeals · 1871
- Ball v. . LineyNew York Court of Appeals · 1871
- Wyatt v. HendersonOregon Supreme Court · 1897
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