Barnes v. Seligman
New York Supreme Court
Appeal from judgment on report of referee. Action by Oliver W. Barnes against Jesse Seligman, James Seligman, and David Seligman, as executors of Joseph Seligman, deceased, and George H. Brown, to recover damages for breach of contract. From a judgment entered on report of a referee, and from two orders,—one granting an extra allowance of $1,000 to the defendants Seligman, and the other granting allowance to defendant Brown,—plaintiff appeals.
1Dissent
Barrett, J.,
(dissenting.) I find myself unable to concur with the presiding justice in his view of the measure of damages. His opinion is an exceedingly forcible exposition of the theory upon which alone the plaintiff can hope to recover the par value of the shares in question, and it is therefore with great diffidence, and a due sense of what is needful to answer such vigorous thought convincingly, that I venture to present the opposite, and, as I conceive, correct, view.' I cannot, however, believe that any just legal principle requires us to mulct these defendants in the sum of $200,000…
2Cases cited6 opinions
- Baker v. . DrakeNew York Court of Appeals · 1873
- Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
- Parsons v. . SuttonNew York Court of Appeals · 1876
- Thayer v. . ManleyNew York Court of Appeals · 1878
- Suydam v. Jenkins, SheriffThe Superior Court of New York City · 1850
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