City Trust, Safe Deposit & Surety Co. of Philadelphia v. American Brewing Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 12, 1904, which affirmed a judgment in favor of plaintiff entered upon an assessment of damages and from an order of said Appellate Division which affirmed an order of Special Term denying a motion to set aside such assessment of damages.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 12, 1904, which affirmed a judgment in favor of plaintiff entered upon an assessment of damages and from an order of said Appellate Division which affirmed an order of Special Term denying a motion to set aside such assessment of damages. The complaint in this action, in substance, alleges that on the 11th day of November, 1898, the plaintiff, as surety for one John M. Kurtz, executed a bond to the People of the State of New York in the penal sum of one…
1Opinion of the CourtHaight, J.
The first question raised is as to -whether this order is appealable. Yo appeal lies from such, an order to this court as a matter of right. (Bassett v. French, 155 N. Y. 46.) Neither does an appeal lie even though certified by the Appellate Division where the assessment of the damages involved a discretion on the part of the court or jury making the assessment. (Lewin v. Lehigh V. R. R. Co., 169 N. Y. 336.) But in the case now before us the items of damages disallowed are definitely fixed and determined and the court making the assessment has certified that they were rejected “as a matter of…
2Cases cited7 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Meeker v. . ClaghornNew York Court of Appeals · 1871
- Brady v. . NallyNew York Court of Appeals · 1896
- Tew v. . WolfsohnNew York Court of Appeals · 1903
- Bullard v. . SherwoodNew York Court of Appeals · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McClelland v. Climax Hosiery MillsNew York Court of Appeals · 1930
- Canfield v. Elmer E. Harris & Co.New York Court of Appeals · 1930
- Byrne v. McDonoughNew York Supreme Court · 1921
- Lagumis v. GerardNew York Supreme Court · 1921
- County of Sullivan v. DownieNew York Supreme Court · 1918
2 more not listed; retrieve them via the Exa API.