Legal Opinion

United Press v. New York Press Co.

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

Decided July 1, 1898PublishedCited by 2 opinions

Appeal by the plaintiff, The United Press, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of New York on the 18th day of May, 1898, upon the verdict of a jury rendered by direction of the court for the sum of six cents damages.

1Opinion of the Court

Patterson, J.:

The only matter requiring consideration on this appeal relates to the ruling of the trial justice, that, under the case as made, the plaintiff was entitled merely to nominal damages. In accordance with that ruling a verdict for six cents was directed, and from the judgment entered thereon the plaintiff appeals. The specific ground of the ruling was, that upon a construction of the contract, for the breach of which the action was brought, and on the" theory of the *445plaintiff, urged and insisted upon at the trial, there was nothing before the jury by which substantial damages could…

2Cases cited4 opinions

  1. O'Neill v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1889
  2. Bennett v. . WhitneyNew York Court of Appeals · 1884
  3. Salisbury v. . HoweNew York Court of Appeals · 1881
  4. Kennedy v. McKoneAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by2 opinions

  1. Biothermal Process Corp. v. Cohu & Co.Appellate Division of the Supreme Court of the State of New York · 1953
  2. Colligan v. City of New YorkNew York Supreme Court · 1914

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