Herrman v. United States Trust Co.
New York Court of Appeals
Appeal from a judgment entered July 30, 1914, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of the court at -a Trial Term setting aside a verdict in favor of plaintiff and directed that in the event that plaintiff should stipulate to reduce his recovery to a sum stated that judgment should be entered in his favor for that amount.
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Appeal from a judgment entered July 30, 1914, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of the court at -a Trial Term setting aside a verdict in favor of plaintiff and directed that in the event that plaintiff should stipulate to reduce his recovery to a sum stated that judgment should be entered in his favor for that amount. The nature of the action and the facts, so far as material, are stated in the opinion. The court below, while holding that the verdict rendered by the jury was excessive, and to that extent…
1Opinion of the CourtCuddeback, J.
This is an action to recover on contract, which was tried before a jury. The jury rendered a verdict of $17,051.30 in favor of the plaintiff, which the judge presiding set aside as excessive, and granted a new trial. The court at the Appellate Division reversed the order of the trial judge and reinstated the verdict, but with the consent of the plaintiff reduced the same to $14,980.98, and ordered judgment for that amount in favor of the plaintiff. Judgment was entered accordingly, from which the defendants now appeal.
The defendants, the appellants, contend that the court at .the Appellate…
2Cases cited10 opinions
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Whitehead v. . KennedyNew York Court of Appeals · 1877
- Middleton v. . WhitridgeNew York Court of Appeals · 1915
- Lamport v. . SmedleyNew York Court of Appeals · 1914
- Murray v. Hudson River RailroadNew York Supreme Court · 1866
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3Cited by9 opinions
- Kaumagraph Co. v. . Stampagraph Co.New York Court of Appeals · 1923
- O'Connor v. PapertsianNew York Court of Appeals · 1956
- Mercado v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1966
- Tanzini v. Marine Midland Bank, N.A.District Court, N.D. New York · 1997
- Logan v. . GuggenheimNew York Court of Appeals · 1920
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