Barnes v. . Brown
New York Court of Appeals
Appeal by the defendant Brown from order of the General Term of the Supreme Court in the first judicial department, made February 3, 1890, which reversed a judgment in his favor entered upon the report.of a referee and granted a new trial. Also appeal by the plaintiff from judgment of the same General Term, entered upon the same order, which modified and affirmed as modified a judgment in favor of the defendants Seligman entered upon the report of a referee.
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Appeal by the defendant Brown from order of the General Term of the Supreme Court in the first judicial department, made February 3, 1890, which reversed a judgment in his favor entered upon the report.of a referee and granted a new trial. Also appeal by the plaintiff from judgment of the same General Term, entered upon the same order, which modified and affirmed as modified a judgment in favor of the defendants Seligman entered upon the report of a referee. This action was brought to recover damages for the alleged breach of a contract, of which the following is a copy, to wit: “ Oliver W.…
1Opinion of the CourtBradley, J.
The main controversy has relation to the rule or measure of damages applicable to the breach of the contract upon which this action was founded. "While the plaintiff claims that damages cannot be less than two hundred thousand dollars and interest, it is insisted on the part of the defense that they were only nominal. Before proceeding to the consideration of the question in that respect,, reference may properly be made to the facts out of which the alleged claim arose. The Hew York City Central Underground Bailway Company was organized under an act incorporating it and authorizing the…
2Cases cited13 opinions
- Markham v. . JaudonNew York Court of Appeals · 1869
- Baker v. . DrakeNew York Court of Appeals · 1873
- Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- McKinley v. WilliamsCourt of Appeals for the Eighth Circuit · 1896
- Doyle v. BurnsSupreme Court of Iowa · 1904
- Kenford Co. v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1985
- Peek v. SteinbergCalifornia Supreme Court · 1912
- Crichfield v. JuliaCourt of Appeals for the Second Circuit · 1906
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