Prignitz v. McTiernan
New York County Courts
Appeal from the city court of Utica. Action by Charles Prignitz against William M. McTiernan to recover treble damages for the malicious destruction of property. From a judgment in his own favor, entered on a decision of the trial judge, plaintiff appeals. Affirmed.
1Opinion of the CourtDunmore, J.
This action was brought to recover treble damages for the unlawful and willful destruction of property.. One ground of error complained of is that the court below awarded plaintiff single damages only, when he was entitled to treble damages. I agree with plaintiff that the evidence shows that defendant unlawfully and willfully destroyed'plaintiff’s property. Plaintiff was therefore entitled to recover treble damages. Pen. Code, § 654; Livingston v. Platner, 1 Cow. 175; King v. Haven, 25 Wend. 420; Jermain v. Booth, 1 Denio, 639. But the rule seems to be well settled that, unless it appears…
2Cases cited8 opinions
- International & G. N. R'y Co. v. NicholsonTexas Supreme Court · 1884
- Kearney v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- McNulty v. . HurdNew York Court of Appeals · 1881
- Livingston v. PlatnerNew York Supreme Court · 1823
- King v. HavensNew York Supreme Court · 1841
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