Cohen v. City Canal Corp.

The only evidence introduced as to the value of the merchandise lost was that it was reasonably worth $4,577.49. The jury’s verdict in the sum of $2,400 was obviously a compromise of liability or a compromise of the amount awarded plaintiff, which no hypothesis of the evidence could support. A judgment based on such compromise verdict cannot be sustained. (Friend v. Morris D. Fishman, Inc., 302 N. Y. 389; McDonald v. Walter, 40 N. Y. 551; Van Der Harst v. Koenig, 249 App. Div. 235; Delisky v. Leonard, 189 App. Div. 623; Ferguson v. Chuck, 194 App. Div. 583.)

Moreover, we think, that in the…