Howard v. Bank of Metropolis
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Eobeft S. Howard, from a judgment of the Supreme Court, entered in the office of the: clerk of the county of Hew York on the 16th day of February, 1906, pursuant: to an order entered in said clerk’s office on the 30th day of January, 1906, reducing the verdict of a jury theretofore rendered in favor of the plaintiff and awarding the said plaintiff nominal damages only, and also from the said order reducing the verdict.
1Opinion of the Court
O’Brien, P. J.:
The case was before this court on a former appeal, wherein all the facts and questions involved were fully stated in the opinion, and need not be here repeated. (Howard v. Bank of Metropolis, 95 App. Div. 342.) The nature of the action, as therein shown, is one brought by Howard against the bank to recover the damages which he claimed to have sustained in consequence of the failure of *327the bank to give the indorser proper notice of protest, and upon proof which lias been again introduced upon the present trial, from which the appeal is taken, it was held by this court on the…
2Cases cited3 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Howard v. Bank of MetropolisAppellate Division of the Supreme Court of the State of New York · 1904
- Hitchcock v. Bank of Suspension BridgeAppellate Division of the Supreme Court of the State of New York · 1901