Dayton v. . Parke
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 25, 1893, which modified, and affirmed as modified, a judgment in favor of plaintiff entered upon a verdict directed by the court, and also appeal from so much of said order as affirmed an order of Special Term denying- a motion for a new trial, and an order denying a motion for a re-taxation of costs.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 25, 1893, which modified, and affirmed as modified, a judgment in favor of plaintiff entered upon a verdict directed by the court, and also appeal from so much of said order as affirmed an order of Special Term denying- a motion for a new trial, and an order denying a motion for a re-taxation of costs. This action was brought by plaintiff on behalf of himself and all the owners of the schooner J. II. Parker, to recover the freight on a cargo of railroad ties…
1Opinion of the CourtPeokham, J.
The trial court directed a verdict for the amount of the plaintiff’s claim for freight, together with six cents damages, for demurrage, and the judgment was thus duly entered, with costs. Both parties appealed, and the General Term, upon plaintiff’s appeal, modified the judgment by increasing the amount allowed plaintiff for demurrage from six cents to three hundred and twelve dollars, and it affirmed the judgment upon defendants’ appeal. The defendants have appealed here from the judgment as so modified, and also from several orders relating to costs, and to the amendment of the judgment as…
2Cases cited2 opinions
- Van Etten v. . NewtonNew York Court of Appeals · 1892
- Scholl v. Albany & Rensselaer Iron & Steel Co.New York Court of Appeals · 1886
3Cited by24 opinions
- Crossman v. BurrillSupreme Court of the United States · 1900
- Crossman v. BurrillSupreme Court of the United States · 1900
- Stronge v. Supreme Lodge, Knights of PythiasNew York Court of Appeals · 1907
- Trans-Asiatic Oil Ltd., S.A. v. Apex Oil CompanyCourt of Appeals for the First Circuit · 1986
- Burrill v. CrossmanCourt of Appeals for the Second Circuit · 1895
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