De Lavallette v. . Wendt
New York Court of Appeals
Appeal from judgment of the Genóral Term of the Supreme Court, in the first judicial department, modifying a judgment in favor of plaintiff, entered upon a verdict.
Read the full summary
Appeal from judgment of the Genóral Term of the Supreme Court, in the first judicial department, modifying a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 11 Hun, 432.) This action was brought to recover damages for an alleged breach of a contract between plaintiff and David M. Peyser, defendant’s testator, by which said Peyser agreed to take certain rooms in plaintiff’s hotel from September 1, 1866, to May 1, 1867, he to pay $62.50 per week up to November 1, 1866, and $150 per week after that time. Defendant’s answer set up, among other things as a counterclaim,…
1Opinion of the CourtHand, J.
The objection that the judgment below is not in proper form and should be “ de bonis testatoris ” is not one to be taken for the first time upon appeal. If the judgment entered up does not conform to the pleadings and facts found by the verdict, the defendant should move, in the court in which it was rendered, to have it amended. This court sits to correct the errors of the court below, and not ordinarily those of ministerial officers, or of the parties, never properly brought to the attention of those courts.
There was no error in allowing upon the $25 a week, (from 21st December, 1866 to 1st…
2Cases cited5 opinions
- Adams v. . the Fort Plain BankNew York Court of Appeals · 1867
- Herrick v. . WoolvertonNew York Court of Appeals · 1870
- Wenman v. Mohawk InsuranceNew York Supreme Court · 1835
- Bank of Troy v. ToppingNew York Supreme Court · 1832
- Clarke v. . City of RochesterNew York Court of Appeals · 1866
3Cited by23 opinions
- Laycock v. ParkerWisconsin Supreme Court · 1899
- General Electric Co. v. National Contracting Co.New York Court of Appeals · 1904
- Missouri, Kansas & Texas Trust Co. v. ClarkNebraska Supreme Court · 1900
- Otto v. Lincoln Savings BankAppellate Division of the Supreme Court of the State of New York · 1944
- Darby v. DarbySupreme Court of Louisiana · 1908
18 more not listed; retrieve them via the Exa API.