Goodsell v. Western Union Telegraph Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made March 3, 1886, which affirmed in part and reversed in part a. judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 21 J. & S. 46.) The nature of the action and the material facts are sufficiently stated in the opinion. The General Term erred in dividing the judgment. (Wolstenholme v. W. F. Mfg.
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Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made March 3, 1886, which affirmed in part and reversed in part a. judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 21 J. & S. 46.) The nature of the action and the material facts are sufficiently stated in the opinion. The General Term erred in dividing the judgment. (Wolstenholme v. W. F. Mfg. Co., 64 N. Y. 272, 273; Van Bokkelan v. Ingersoll, 5 Wend. 316 ; Tidd’s Pr. 930; Bouv. L. Dict. “Judgment.”) Section 1317 of the Code of Civil Procedure…
1Opinion of the CourtEarl, J.
This action was brought to recover upon two .separate and distinct causes of action. The first was for, a balance due on account of moneys actually collected by the defendant, and which it should have accounted for and paid over to the plaintiff; the second was for damages for breach of contract. The cause was referred to a referee who reported in favor of the plaintiff for upwards of $16,000 upon his first cause of action, and for upwards of $220,000 upon his second cause of action, and judgment was rendered in favor of the plaintiff for a gross sum of upwards of $240,000 besides costs. Erom…
2Cases cited3 opinions
- Story v. . the New-York and Harlem Railroad Co.New York Court of Appeals · 1851
- Frank v. . Mut. L. Ins. Co. of New YorkNew York Court of Appeals · 1886
- Wolstenholme v. Wolstenholme File Manufacturing Co.New York Court of Appeals · 1876
3Cited by31 opinions
- Hecht v. City of New YorkNew York Court of Appeals · 1983
- Wilson v. . Mechanical Orguinette Co.New York Court of Appeals · 1902
- Loomis v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1913
- Altman v. . HofellerNew York Court of Appeals · 1897
- Cochran v. ReichNew York Supreme Court · 1895
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