Clarke v. Martin
Appellate Division of the Supreme Court of the State of New York
Appeal from a judgment entered on the verdict of a jury, and from an order denying a motion for a new trial. Present — Clarke, P. J., McLaughlin, Laughlin, Dowling and Page, JJ.; Dowling, J., dissented. J udgment and order reversed and new trial ordered, with costs to appellant to abide the event, unless the plaintiff stipulate to reduce the verdict to the sum of $25,000, in which event the judgment as so reduced and the order appealed from are affirmed, without costs.
Read the full summary
Appeal from a judgment entered on the verdict of a jury, and from an order denying a motion for a new trial. Present — Clarke, P. J., McLaughlin, Laughlin, Dowling and Page, JJ.; Dowling, J., dissented. J udgment and order reversed and new trial ordered, with costs to appellant to abide the event, unless the plaintiff stipulate to reduce the verdict to the sum of $25,000, in which event the judgment as so reduced and the order appealed from are affirmed, without costs. No opinion. Order to be settled on notice.
1Opinion of the Court
Dowling, J. (dissenting):
I am unable to concur in the conclusion eached by the majority of my associates, because I believe that error was committed by the trial judge in his charge to the jury which requires the reversal of the judgment. The action is for breach of a promise of marriage. The defendant in his answer denied all the allegations of the complaint save that of his marriage to Maude Canfield Eddy, and then for a partial defense and by way of mitigation of damages he set up: (1) That plaintiff prior to, at and subsequent to the time of the promise to marry, had accepted money for…
2Cases cited8 opinions
- Holmes v. . JonesNew York Court of Appeals · 1890
- Kniffen v. . McConnellNew York Court of Appeals · 1864
- Cruikshank v. . GordonNew York Court of Appeals · 1890
- Thorn v. . KnappNew York Court of Appeals · 1870
- Southard v. RexfordNew York Supreme Court · 1826
3 more not listed; retrieve them via the Exa API.