Ettlinger v. Weil
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Jonas Weil and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Mew York on the 29th day of October, 1907, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of October, 1907, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
On a former appeal (94 App. Div. 291), upon evidence which does not substantially differ from the evidence on the second trial, this court sustained a verdict for the plaintiff. It was there held that the proper measure of damage was the difference between the value of the property as it was in fact when the conveyance was made and the value as it would have been if the representations as to rental were true. Upon an appeal to the Court of Appeals (184 N. Y. 179) that judgment was reversed. Uo fault seems to have been found with any ruling of the trial court, except in relation…
2Cases cited2 opinions
- Ettlinger v. . WeilNew York Court of Appeals · 1906
- Ettlinger v. WeilAppellate Division of the Supreme Court of the State of New York · 1904