Niver v. Rossman
New York Supreme Court
This was an appeal by the defendant from a judgment entered upon the report of a referee. The action was brought to recover damages for the breach of the following agreement; ■“ An article of agreement entered into this 6th day of September, 1843, between Peter P. Rossman of the town of Gallatin and county of Columbia, of the first part, and James D. Niver and Philip Niver of the town of Copalce and county aforesaid, of the second part, to wit: The said Peter P. Rossman of…
Read the full summary
This was an appeal by the defendant from a judgment entered upon the report of a referee. The action was brought to recover damages for the breach of the following agreement; ■“ An article of agreement entered into this 6th day of September, 1843, between Peter P. Rossman of the town of Gallatin and county of Columbia, of the first part, and James D. Niver and Philip Niver of the town of Copalce and county aforesaid, of the second part, to wit: The said Peter P. Rossman of the first part being a physician in practice, in the town of Gallatin, and county aforesaid, hereby bargains, agrees and…
1Opinion of the Court
By the Court, Parker, P. J.
The most important question presented in this case is, whether the sum of five hundred dollars, mentioned in the contract between these parties, is to be taken as a penalty, or as liquidated damages. The contract contains several stipulations on both sides, and concludes as follows: “ The parties further agree that if either fail or refuse to comply with the aforesaid contract, to pay to the other five hundred dollars as his damages.” It is not to be taken to be damages because it is so called in the contract, if it appears by the whole instrument that it was not so…
2Cases cited4 opinions
- Watt's Ex'rs. v. SheppardSupreme Court of Alabama · 1841
- Smith v. SmithNew York Supreme Court · 1830
- Gray v. CrosbyNew York Supreme Court · 1820
- Mott v. MottNew York Supreme Court · 1851
3Cited by12 opinions
- Seidlitz v. . AuerbachNew York Court of Appeals · 1920
- Curtis v. . Van BerghNew York Court of Appeals · 1899
- Wilhelm v. EavesOregon Supreme Court · 1891
- 884 West End Avenue Corp. v. PearlmanAppellate Division of the Supreme Court of the State of New York · 1922
- Heatwole v. GorrellSupreme Court of Kansas · 1886
7 more not listed; retrieve them via the Exa API.