Legal Opinion

Sperry v. Hillman

New York Court of Common Pleas

Decided February 2, 1891PublishedCited by 2 opinions

Appeals from city court, general term. Action by Howard A. Sperry against Theodore Hillman and Emil Carlebach. At the trial, plaintiff recovered a judgment in the sum of $353.07 damages and $123.80 costs.

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Appeals from city court, general term. Action by Howard A. Sperry against Theodore Hillman and Emil Carlebach. At the trial, plaintiff recovered a judgment in the sum of $353.07 damages and $123.80 costs. Erom this judgment defendants appealed to the general term of the city court, which decided that the judgment should be reversed and a new trial ordered, with costs to the appellants, to abide the event, unless within 10 days the plaintiff should stipulate to reduce his recovery to $246.31, with costs, in which case the judgment so modified should be affirmed, without costs. In accordance…

1Per curiam

The plaintiff’s appeal should be dismissed. By giving the stipulation and entering the judgment for the amount to which it was reduced by the general term, he waived the right of appeal to this court. A party cannot avail himself of such parts of a judgment as are favorable to him, and appeal from those parts which are not. Grunberg v. Blumenlahl, 66 How. Pr. 62; Alexander v. Alexander, 104 N. Y. 643, 10 N. E. Rep. 37; Harris v. Taylor, 20 Wkly. Dig. 379; Canary v. Knowles, 41 Hun, 542. Defendants’ right of appeal to the general term of this court from the judgment entered, so far as it…

2Cases cited2 opinions

  1. Alexander v. . AlexanderNew York Court of Appeals · 1887
  2. Grunberg v. BlumenlahlCity of New York Municipal Court · 1883

3Cited by2 opinions

  1. Matson v. BradburyArizona Supreme Court · 1932
  2. Male v. HarlanSouth Dakota Supreme Court · 1900

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