Hicks v. Monarch Cycle Manufacturing Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 4, 1902, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. It was manifest error to exclude the testimony of Mr. Copeland to show what it would have cost to reproduce the lost articles.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 4, 1902, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. It was manifest error to exclude the testimony of Mr. Copeland to show what it would have cost to reproduce the lost articles. (Noyes v. Phillips, 60 N. Y. 408; Little v. Banks, 85 N. Y. 266; Scofield v. Tompkins, 95 Ill. 190; Ward v. H. R. Co., 125 N. Y. 230; Curtis…
1Opinion of the CourtWerner, J.
In this action the plaintiff seeks to recover from the defendant $1,000.00, as damages for the failure of the defendant to return a bicycle and two models delivered to it under the following circumstances: The plaintiff was part owner of a patent upon an improved bicycle gear. During the month of February, 1898, he delivered to defendant’s agents, at its salesroom in Hew York city, a bicycle to which was attached the patented device referred to, and also two models thereof, and left them there for the purpose of having defendant’s agents examine the same with a view to inducing the defendant…
2Cases cited2 opinions
- Ward v. Hudson River Building Co.New York Court of Appeals · 1891
- Curtis v. . Van BerghNew York Court of Appeals · 1899
3Cited by3 opinions
- Poppenberg v. R. M. Owen & Co.New York Supreme Court · 1914
- Bader v. City of New YorkNew York Supreme Court · 1906
- In re Liberty Doll Co.District Court, S.D. New York · 1917