Sypherd v. Myers
Supreme Court of New Jersey
On error io the Supreme Court. By this writ of error Herman M. Syplierd, trustee in bankruptcy of Channell Brothers, seeks to reverse a judgment of the Supreme Court entered upon a verdict directed in his favor for six cents damages against Charles E. Myers, whom plaintiff in error had sued for the breach of an option given to his bankrupts. Myers had leased the Piedmont Hotel to Channell Brothers for one year.
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On error io the Supreme Court. By this writ of error Herman M. Syplierd, trustee in bankruptcy of Channell Brothers, seeks to reverse a judgment of the Supreme Court entered upon a verdict directed in his favor for six cents damages against Charles E. Myers, whom plaintiff in error had sued for the breach of an option given to his bankrupts. Myers had leased the Piedmont Hotel to Channell Brothers for one year. The lease gave to the lessees an option to pin-chase the property for $57,000 if the lessor should obtain title during the term. The term expired without the fulfillment of this…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
If the trial judge was right in directing a verdict for the plaintiff in error he was wrong in limiting the recovery to nominal damages, for, if the defendant was liable to the plaintiff at all, there was testimony that should have gone to the jury in support of a more substantial measure of damage.
This error does not, however, entitle the plaintiff to have the judgment for nominal damages reversed if it conclusively appears that he was not entitled to a judgment for any sum.
We think that this does conclusively appear in two different…
2Cases cited1 opinion
- Meeker v. SpalsburySupreme Court of New Jersey · 1901
3Cited by4 opinions
- Butterhof v. ButterhofSupreme Court of New Jersey · 1913
- In re United Cigar Stores Co.Court of Appeals for the Second Circuit · 1936
- Wilson ex rel. Breintnall v. SadlerSupreme Court of New Jersey · 1911
- Payne v. HallSupreme Court of New Jersey · 1912