Holmes v. Weed
New York Supreme Court
APPEAL by the defendant from a judgment entered at a special term, upon the report of a referee, after a new trial had been granted. See S. C. 19 Barb. 128, where the facts are fully stated. On the second trial, the referee reported in favor of the plaintiff for $780.60 damages, and $227.07 costs.
1Opinion of the Court
By the Court, E. Darwin Smith, J.
All the questions presented upon this appeal were disposed of when this case was before the court on the former occasion, (see 19 Barb. 128,) except the question of damages. The court then held that the plaintiff was entitled to recover the amount of the judgments of the Walkers and Hovey, paid by the plaintiff. But the question whether he was entitled to recover the costs of the plaintiffs, included in said judgments paid by him, was not then raised, and was not passed upon by the court. The court held that the assignment of the contract for carrying the…
2Cases cited3 opinions
- Elwood v. DeifendorfNew York Supreme Court · 1848
- Hubbly v. Brown & Nichols.New York Supreme Court · 1819
- Holmes v. WeedNew York Supreme Court · 1854
3Cited by2 opinions
- Allis v. StaffordNew York Supreme Court · 1878
- Hill v. HotchkinNew York Supreme Court · 1881