Brown v. . Sigourney
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This was an action to recover for professional services as attorney. The complaint contained two counts, both of which were put in issue.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This was an action to recover for professional services as attorney. The complaint contained two counts, both of which were put in issue. The jury found separately as to each, assessing plaintiff’s damages under the first count at $140.50, and under the second at $393.34, rendering a general verdict for both sums, to wit, $533.84. The case states, that, as to the item of $140.50, “ no question was or is raised as to the…
1Opinion of the CourtFolger, J.
The judgment appealed from was entered for $533.84 damages, and $107.49 costs and disbursements. An item of $140.50 entered into the amount of $533.84 damages, for which the judgment was entered. As to that item of $140.50, no contest has been made by the defendant since the jury rendered their verdict. The only controversy between the parties since then has been as to the sum of $393.34, the other part of the judgment. This, as is seen at once, does not amount to $500, though the judgment does.
According to our rulings, made under the act of 1874 (chap. 322), the judgment is not appealable,…
2Cases cited3 opinions
- King v. . GalvinNew York Court of Appeals · 1875
- Pennie v. . Continental Life Ins. Co.New York Court of Appeals · 1876
- Roosevelt v. . LinkertNew York Court of Appeals · 1876
3Cited by2 opinions
- Mathews v. DanahyMissouri Court of Appeals · 1887
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