Monnet v. Merz
The Superior Court of the City of New York and Buffalo
Appeal from judgment on report of referee. Action by Prosper Monnet and another against Henry Merz, as survivor, etc., on an account for goods sold as agents. Plaintiffs appeal from so much of the judgment in their favor as reduced the amount of their claim. Motion to dismiss appeal.
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Appeal from judgment on report of referee. Action by Prosper Monnet and another against Henry Merz, as survivor, etc., on an account for goods sold as agents. Plaintiffs appeal from so much of the judgment in their favor as reduced the amount of their claim. Motion to dismiss appeal. The action was brought by plaintiffs, as manufacturers in Switzerland, against the defendants, their commission agents in this city, to recover $18,-958.40. The defendants set up various defenses and counter-claims. The action was referred, and the referee awarded the plaintiffs $10,130.45, with interest,…
1Opinion of the CourtMoAdam, J.
As a rule, there can be but one judgment in an action. Johnson v. Farrell, 10 Abb. Pr. 384; Canfield v. Gaylord, 12 Wend. 236; Webb v. Bulger, 4 Hill, 588. The referee having reduced the plaintiffs’ demand from $18,958.40 to $10,276.29, either party aggrieved had the right to appeal, (Code, § 1294,)—the defendants, because they thought the sum awarded excessive; and the plaintiffs, because they thought it inadequate. To appeal, it was necessary that judgment be entered, and this preliminary step was taken by the plaintiffs. The defendants appealed to the general term, and then to the court of…
2Cases cited7 opinions
- Higbie v. . WestlakeNew York Court of Appeals · 1856
- Barker v. . WhiteNew York Court of Appeals · 1874
- Canfield v. GaylordNew York Supreme Court · 1834
- Dyett v. PeneletonCourt for the Trial of Impeachments and Correction of Errors · 1826
- Johnson v. FarrellNew York Supreme Court · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Tyler v. SheaNorth Dakota Supreme Court · 1894
- Hofer v. HoferOregon Supreme Court · 1966
- Walnut Irrigation Dist. v. BurkeCalifornia Supreme Court · 1910
- Adams v. CarterMississippi Supreme Court · 1908
- Clairview Park Improvement Co. of Grosse Pointe, Ltd. v. Detroit & Lake St. Clair RailwayMichigan Supreme Court · 1910
3 more not listed; retrieve them via the Exa API.