Legal Opinion
Friend v. Morris D. Fishman, Inc.
New York Court of Appeals
Decided April 12, 1951PublishedCited by 8 opinions
1Per curiam
The court explicitly and without objection instructed the jurors that, if they found that plaintiff and defendant had entered into a contract for employment, they were under the necessity of returning a verdict for $3,360 — and that was a proper charge, since there was nothing to show that plaintiff was entitled to a penny less than that amount as damages. The ensuing verdict for the lesser sum of $2,400 was a compromise, rendered in disregard of both evidence and charge and may not stand. (See, e.g., Angresani v. Tozzi, 245 N. Y. 558, affg. 217 App. Div. 642; Blackwell v. Glidden Co., 239 N.…
2Cases cited6 opinions
- Hatch v. . AttrillNew York Court of Appeals · 1890
- Van Der Harst v. KoenigAppellate Division of the Supreme Court of the State of New York · 1936
- Angresani v. TozziNew York Court of Appeals · 1927
- Angresani v. TozziAppellate Division of the Supreme Court of the State of New York · 1926
- Blackwell v. Glidden Co.Appellate Division of the Supreme Court of the State of New York · 1924
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Thomas F. Maher v. Isthmian Steamship CompanyCourt of Appeals for the Second Circuit · 1958
- Figliomeni v. Board of Education of the City School DistrictNew York Court of Appeals · 1975
- Cohen v. City Canal Corp.Appellate Division of the Supreme Court of the State of New York · 1952
- Lallo v. W. T. Grant Co.Appellate Division of the Supreme Court of the State of New York · 1969
- Rainbow Food Corp. v. Tasty Donut, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
3 more not listed; retrieve them via the Exa API.