Seeley v. . Osborne
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 24, 1914, which reversed a determination of the Appellate Term modifying and affirming as modified a judgment of the City Court of the city of New York in favor of plaintiffs and directed judgment in favor of defendant upon the merits. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 24, 1914, which reversed a determination of the Appellate Term modifying and affirming as modified a judgment of the City Court of the city of New York in favor of plaintiffs and directed judgment in favor of defendant upon the merits. The nature of the action and the facts, so far as material, are stated in the opinion. The oral agreement between the parties constituted a perfect and complete contract within itself, enforceable, and entitles plaintiffs to the…
1Opinion of the CourtCollin, J.
The action is to recover the damages suffered by the plaintiffs because of the breach, by the defendant of an alleged contract between the parties. The City Court of the city of New York rendered a judgment in favor of plaintiffs for $4,042.15, which the Appellate Term, conforming its amount .'with the jurisdiction of the-court, reduced, -to $2,000.00.' :The Appellate Division reversed the judgment and directed the dismissal of the complaint upon the merits.
The disagreement of the Appellate Division with the decisions of the lower courts stands, primarily, upon its finding, differing from…
2Cases cited10 opinions
- Matter of CaseNew York Court of Appeals · 1915
- Bostwick v. . Baltimore and Ohio R.R. Co.New York Court of Appeals · 1871
- Komp v. . RaymondNew York Court of Appeals · 1903
- Mance v. . HossingtonNew York Court of Appeals · 1912
- Benoit v. . Troy Lansingburgh R.R. Co.New York Court of Appeals · 1897
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3Cited by4 opinions
- Ryan-Richards, Inc. v. WhitesidesCourt of Appeals for the Tenth Circuit · 1938
- McClenahan v. KeyesCalifornia Court of Appeal · 1924
- National Aid Life Ass'n v. WilesSupreme Court of Oklahoma · 1935
- Manor Homes, Inc. v. SavaCivil Court of the City of New York · 1973