Rollins v. Sidney B. Bowman Cycle Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jordan J. Rollins, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 21st day of January, 1903, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
1Dissent
McLaughlin, J. (dissenting):
I concur in the opinion of Mr. Justice Ingbaham in so far as he holds that there was sufficient evidence to go to the jury upon the question of a breach of the contract alleged in the complaint, but upon the record before us the jury would only have been justified in rendering a verdict for nominal damages. The only evidence bearing upon the question of damages is, that the plaintiff, upon defendant’s failure to deliver the bicycle when repaired, at Portland, purchased a new bicycle for which he paid seventy-nine dollars. The cost of the new bicycle, manifestly, is…
2Cases cited3 opinions
- Stephens v. . WiderNew York Court of Appeals · 1865
- Throckmorton v. Evening Post Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Rambaut v. Irving National BankAppellate Division of the Supreme Court of the State of New York · 1899