Wolstenholme v. Wolstenholme File Manufacturing Co.
New York Court of Appeals
Appeal from'judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiffs, entered upon the report of a referee.
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Appeal from'judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiffs, entered upon the report of a referee. (Reported below, 4 Hun, 427.) This action was brought to recover damages for an alleged breach of contract made by defendant with plaintiffs, by which defendant agreed to pay plaintiff (James Wolstenholme) a certain salary and certain dividends of stock as compensation for his services as superintendent of defendant. The referee .found that plaintiffs, with the exception of Thomas J. Sizer, were entitled to recover…
1Opinion of the CourtMiller, J.
There is no authority for the practice, that in an action at law on an account or for damages, that an appellate court can affirm a judgment allowing one item of a claim interposed, and send it back for a new trial as to another. The error alleged as to a part, necessarily reverses the entire judgment, and the reversal and new trial must be as to the entire claim.
Hone of the authorities relied upon uphold the doctrine contended for in a case like this. In equity cases appeals may be taken from part of a decree, and a reversal or variation asked in accordance with the claim of the party who…
2Cited by8 opinions
- Goodsell v. Western Union Telegraph Co.New York Court of Appeals · 1888
- Altman v. . HofellerNew York Court of Appeals · 1897
- Levy v. . SchreyerNew York Court of Appeals · 1904
- Crawford v. Town of HamburgAppellate Division of the Supreme Court of the State of New York · 1963
- National Board of Marine Underwriters v. National BankNew York Court of Appeals · 1895
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