Kelly v. Delaney
Appellate Division of the Supreme Court of the State of New York
' Appeal by the plaintiff, Edward H. Kelly, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 25th day of June, 1909, setting aside the verdict of a jury in favor of the plaintiff for $10,000, and granting a new trial, unless the plaintiff stipulate to reduce the verdict to the sum of $666.67. Also an appeal by the defendant, John T. Delaney, from, so much of the said order as denies…
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' Appeal by the plaintiff, Edward H. Kelly, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 25th day of June, 1909, setting aside the verdict of a jury in favor of the plaintiff for $10,000, and granting a new trial, unless the plaintiff stipulate to reduce the verdict to the sum of $666.67. Also an appeal by the defendant, John T. Delaney, from, so much of the said order as denies the motion for a new trial provided the plaintiff stipulate to reduce the verdict.
1Opinion of the Court
McLaughlin, J.:
The facts are set out in the opinion of Mr. Justice Laughlin, and it is unnecessary to repeat them. It is mot disputed that by the settlement of the two actions of McOwen v. Whalen and Whalen v. French the assets of the firm were thereby increased many thousand dollars, and that plaintiff’s share in such increase alone was considerably more than the $3,000 which the defendant paid him for his entire interest. Nor is the fact disputed that several days before tbe defendant acquired the plaintiff’s interest the two actions had been settled by the defendant without .the knowledge…
2Cases cited3 opinions
- Gould v. Cayuga County National BankNew York Court of Appeals · 1885
- Butler v. . PrentissNew York Court of Appeals · 1899
- Wright v. DukeNew York Supreme Court · 1895
3Cited by4 opinions
- Johnstone v. MorrisCalifornia Supreme Court · 1930
- United Nations Korean Reconstruction Agency v. Glass Production Methods, Inc.District Court, S.D. New York · 1960
- Goldsmith v. LoebAppellate Division of the Supreme Court of the State of New York · 1918
- Auld v. EstridgeNew York Supreme Court · 1976