Cook v. Casler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Sandy Casler, as sole surviving executor, etc., of Josiah Snell, deceased, and another, from certain portions of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Montgomery on the 13th day of March, 1903, upon the decision of the court, rendered after a trial at the Montgomery Trial Term, certain questions of fact having been submitted to the jury.
1Opinion of the CourtParker, P. J.
When this action was before us on a former appeal we held that the cause of action first set forth in the complaint was barred by a prior judgment. . As to the second cause of action therein, the judgment then before us was rendered as in a common-law action to recover damages for the breach of a contract, and we reversed it and ordered a new trial for the reason that the recovery of $4,000 and interest, permitted by the trial court, was based upon an improper measure of damages for such a breach. (See 76 App. Div. 279.) Upon this second trial the complaint as to the first cause of action was…
2Cases cited3 opinions
- Deeley v. . HeintzNew York Court of Appeals · 1901
- Palmer v. GouldNew York Court of Appeals · 1895
- Cook v. CaslerAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by7 opinions
- Strobe v. Netherland Co.Appellate Division of the Supreme Court of the State of New York · 1935
- Bintz v. City of HornellAppellate Division of the Supreme Court of the State of New York · 1945
- White v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1912
- Alexander Hamilton Institute v. JonesAppellate Court of Illinois · 1924
- Rott v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1918
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