Maas v. Nankeville
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, Thirteenth District, borough , of Manhattan, in favor of the plaintiff, after a trial before the court, without a jury; and from an order denying the defendant’s -motion to vacate an attachment.
1Opinion of the CourtGiegerich, J.
In an action for work, labor and services and materials furnished, the plaintiff gave evidence of an agreed price of $300, but no evidence of reasonable value. The justice awarded him $225 damages. The record shows that this must have been given on the .theory of a quantum meruit. Such being the case, I think the amount was too .great. According to the evidence it should not have been more than $200 at the utmost. The damages should be *638reduced to that amount; and, as thus modified, the judgment should be affirmed, without costs.
The appeal from the order denying the motion to vacate the…
2Cases cited1 opinion
- Leavitt v. KatzoffAppellate Terms of the Supreme Court of New York · 1904
3Cited by2 opinions
- Bellas, Hess & Co. v. LivingstonAppellate Terms of the Supreme Court of New York · 1908
- Lee v. Revolving Airship Tower Co.Appellate Division of the Supreme Court of the State of New York · 1908