Blackwell v. . Finlay
New York Court of Appeals
Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 19, 1921, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict. The unanimous affirmance at the Appellate Division carries with it the presumption that there is evidence to sustain the verdict.
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Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 19, 1921, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict. The unanimous affirmance at the Appellate Division carries with it the presumption that there is evidence to sustain the verdict. (Artz v. Leiberson, 233 N. Y. 16; Matter of City of New York, 224 N. Y. 454.) The jury had alight to render a verdict for the value of plaintiff’s services, with interest. (Faber v. City of New York, 222 N. Y. 255; Tuzzeo v. American Bonding…
1Opinion of the CourtPound, J.
Plaintiff, an attorney and counsellor at law, brought suit to recover the reasonable value of services rendered by him to defendant. The defendant alleged that the services were performed under a contract, at an agreed compensation. The jury found for the plaintiff on this issue and rendered a verdict in his favor for $10,000 “ with interest,” which was the amount demanded in the complaint. The unanimous decision of the Appellate Division that there is evidence sustaining the verdict may not be reviewed by the Court of Appeals. (Const. art. 6, § 9.)
The plaintiff appeals from so much of the…
2Cases cited8 opinions
- Faber v. . City of New YorkNew York Court of Appeals · 1918
- White v. . MillerNew York Court of Appeals · 1879
- Mygatt v. . WilcoxNew York Court of Appeals · 1871
- Sweeny v. . City of New YorkNew York Court of Appeals · 1903
- De Carricarti v. . BlancoNew York Court of Appeals · 1890
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3Cited by22 opinions
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- Prager v. New Jersey Fidelity & Plate Glass Insurance Co. of NewarkNew York Court of Appeals · 1927
- J. B. Preston Co. v. FunkhouserNew York Court of Appeals · 1933
- Davison v. KlaessNew York Court of Appeals · 1939
- Huntley v. BayaDistrict Court of Appeal of Florida · 1962
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