Cohen v. Persky
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the City Court of the city of New York in favor of plaintiffs, entered upon the verdict of a jury.
1Opinion of the CourtMullan, J.
The plaintiff vendees sued the defend-
ant vendor for breach of contract, claiming in their complaint a damage of $951. Immediately after the jury was impaneled and sworn, plaintiffs’ counsel moved for the allowance of an amendment increasing the demand to $1,950, whereupon the learned trial justice said he would take the proofs, and that the motion might be thereafter renewed. Evidence sufficient to show a considerably greater damage than $951 was adduced, and when both sides had rested plaintiffs’ counsel said: “I move to increase the amount,” to which the court replied: “ I will leave it to…
2Cases cited6 opinions
- Fish v. DodgeNew York Supreme Court · 1847
- Corning v. . CorningNew York Court of Appeals · 1851
- Dox v. DeyNew York Supreme Court · 1829
- Curtiss v. LawrenceNew York Supreme Court · 1819
- Knapp v. . RocheNew York Court of Appeals · 1875
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