Holland Torpedo Boat Co. v. Nixon
New York Supreme Court
Motion for new trial, after verdict of jury in favor of plaintiff for $48,482.81.
1Opinion of the CourtDowling, J.
It is not necessary to the disposition of the motion for a new trial herein that it should be finally determined whether the per- diem sums contracted to be paid in case of failure to complete within the stipulated time are to be regarded as liquidated damages or as penalties. But it is well to call attention to the facts which have been established, and which have a bearing not only upon this question, but as well upon the other phases of the case to be hereafter referred to. On July 13, 1900, the Holland Torpedo Boat Company made a contract with Lewis Hixon for the construction of a…
2Cases cited7 opinions
- Smith v. GugertyNew York Supreme Court · 1848
- Weeks v. . LittleNew York Court of Appeals · 1882
- Thilemann v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Dady v. Mayor of New YorkNew York Supreme Court · 1890
- Willis v. WebsterAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by1 opinion
- Babylon Associates v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1984