Monnet v. Merz
The Superior Court of New York City
Motion by defendant to dismiss the plaintiff’s appeal. The action was brought by plaintiffs as manufacturers in Switzerland against the defendants, their commission agents in this city, to recover $18,958.40. The defendants set up various defences and counterclaims.
Read the full summary
Motion by defendant to dismiss the plaintiff’s appeal. The action was brought by plaintiffs as manufacturers in Switzerland against the defendants, their commission agents in this city, to recover $18,958.40. The defendants set up various defences and counterclaims. The action was referred and the referee awarded the plaintiffs $10,130.45, with interest, aggregating $12,-276.29. In arriving at the sum due, the referee disallowed portions of the plaintiffs’ demand and modified some of their charges. The plaintiffs entered judgment on the report, February 27, 1888. The defendants appealed to…
1Opinion of the Court
By the Court.—McAdam, J.
As a rule, there can *258be but one judgment in an action, Johnson v. Farrell, 10 Abb., 334; Canfield v. Gaylord, 12 Wend., 236; Webb v. Bulger, 4 Hill, 588. The referee having reduced the plaintiffs’ demand from $18,958.40 to $10,276.29, either party aggrieved had the right to appeal (Code, § 1294), the defendants because they thought the sum awarded excessive, and the plaintiffs because they thought it inadequate. To appeal, it was necessary that judgment be entered, and this preliminary step was taken by the plaintiffs. The defendants appealed to the general term and…
2Cases cited5 opinions
- Higbie v. . WestlakeNew York Court of Appeals · 1856
- Kirby v. . FitzpatrickNew York Court of Appeals · 1859
- Canfield v. GaylordNew York Supreme Court · 1834
- Swarthout v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Genet v. . DavenportNew York Court of Appeals · 1875