Rollins v. Sidney B. Bowman Cycle Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jordan J. Rollins, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 2d day of February, 1904, upon the dismissal of the complaint by direction of the court after a trial at. the New York Trial Term.
Read the full summary
Appeal by the plaintiff, Jordan J. Rollins, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 2d day of February, 1904, upon the dismissal of the complaint by direction of the court after a trial at. the New York Trial Term. The plaintiff, who contemplated taking a bicycle trip from Portland, Me., left his bicycle with the defendant corporation in the city of New York, upon its promise to repair the bicycle and ship it, with the express charges prepaid, to Portland, Me., and to" charge the expense to the…
1Opinion of the Court
Hatch, J.:
The facts in this case are set out in detail" in its consideration on a former appeal (84 App. Div. 287). They remain the same upon-*367the present appeal, except so far as relates to the question of damages, to be hereafter noticed.
Upon the former appeal a majority of the court held that plaintiff was entitled to recover substantial damages, but refrained from laying down any precise rule for their measurement. There was no difference of opinion upon the subject of a breach of the contract by the defendant. The difference arose upon the question of damages, the minority view being that…
2Cases cited4 opinions
- Thomson-Houston Electric Co. v. Durant Land Improvement Co.New York Court of Appeals · 1894
- Boos v. . World Mutual Life Insurance Co.New York Court of Appeals · 1876
- Montignani v. E. V. Crandall Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Rollins v. Sidney B. Bowman Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by7 opinions
- Reichert v. SpiessAppellate Division of the Supreme Court of the State of New York · 1922
- Heyman v. StrykerNew York Supreme Court · 1910
- Jessup v. PlattAppellate Terms of the Supreme Court of New York · 1912
- Levy v. World Film Corp.Appellate Terms of the Supreme Court of New York · 1919
- Flomenbaum v. New York UniversityAppellate Division of the Supreme Court of the State of New York · 2009
2 more not listed; retrieve them via the Exa API.