Hunt v. Hay
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph H. Hunt, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 5 th day of July, 1912, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 2d day of July, 1912, denying the plaintiff’s motion for a new trial made upon the minutes.
1Dissent
Scott, J. (dissenting):
I dissent. As I read the authorities in this State, the measure of damages for the breach of a covenant of warranty is the actual consideration paid by the covenantees, with an allowance for the loss of mesne profits from the date of evic*143tion. (Sweet v. Howell, 96 App. Div. 45; Jenks v. Quinn, 61 Hun, 434; Brown v. Allen, 73 id. 291, and cases therein cited.) It is true that in some opinions the amount to be received is spoken of as the consideration received by the covenantor, but in each one of those cases it will be found that there was no question as to the amount…
2Cases cited3 opinions
- Cook v. CurtisMichigan Supreme Court · 1888
- Staples v. DeanMassachusetts Supreme Judicial Court · 1873
- Sweet v. HowellAppellate Division of the Supreme Court of the State of New York · 1904