Legal Opinion
Marchand v. Haber
New York Supreme Court
Decided March 15, 1896PublishedCited by 4 opinions
Motion by plaintiff for an aw,ard of treble damages.
1Opinion of the CourtMcAdam, J.
The. practice is for the jury to find single damaees, and for the court, under the statute, to treble, them in a proper case. Newcomb v. Butterfield, 8 Johns. 264; King v. Havens, 25 Wend. 420; Warren v. Doolittle, 5 Cow. 678; Anon., 4 Wend. 216; Du Bois v. Beaver, 25 N. Y. 123. The evident object of. the provision as to treble damaged (Code, § 1669) was to prevent wanton invasion of rights of pYoperty by awarding them in lieu of exemplary damages. Field on Dam., § 848. But the statute is to be interpreted as a penal one, and the facts dis-' closed do not bring the case .within its spirit or…
2Cases cited8 opinions
- Wood v. . PhillipsNew York Court of Appeals · 1870
- Dubois v. . BeaverNew York Court of Appeals · 1862
- People ex rel. Niles v. SmithNew York Supreme Court · 1857
- Compton v. . "The Chelsea"New York Court of Appeals · 1893
- People ex rel. Cooper v. FieldNew York Supreme Court · 1865
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hong Sing v. Wolf FeinCity of New York Municipal Court · 1901
- Syfert v. Lenett Realty Corp.New York Supreme Court · 1925
- Weed v. Niles Homes, Inc.Nassau County District Court · 1965
- Yeamans v. NicholsCity of New York Municipal Court · 1902