National Board of Marine Underwriters v. National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made July 18, 1894, which affirmed on plaintiff’s appeal a judgment in favor of plaintiff entered upon the report of a referee, and reversed said judgment on defendant’s appeal and ordered a new -trial- unless plaintiff stipulate to reduce its recovery.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made July 18, 1894, which affirmed on plaintiff’s appeal a judgment in favor of plaintiff entered upon the report of a referee, and reversed said judgment on defendant’s appeal and ordered a new -trial- unless plaintiff stipulate to reduce its recovery. Appeal also from an order of said General Term, made October 16, 1894, which denied a motion to vacate said order and the judgment entered thereon. The facts, so far as material, are stated in the opinion. The defendant’s contention…
1Opinion of the CourtGray, J.
The plaintiff recovered a judgment against the defendant, upon the report of a referee, which awarded to it less than the damages demanded in the complaint. It appealed from so much of that judgment as awarded the damages. The defendant also appealed from the whole judgment. The General Term made the following order: “ That the judgment from which the plaintiff appeals be * * * affirmed with costs and it is further ordered that the judgment from which the defendant appeals be * * * in all respects reversed and a new trial ordered with costs to the defendant to abide the event unless the…
2Cases cited2 opinions
- Story v. . the New-York and Harlem Railroad Co.New York Court of Appeals · 1851
- Wolstenholme v. Wolstenholme File Manufacturing Co.New York Court of Appeals · 1876
3Cited by7 opinions
- Ludwig v. BungartAppellate Division of the Supreme Court of the State of New York · 1900
- Altman v. . HofellerNew York Court of Appeals · 1897
- Levy v. . SchreyerNew York Court of Appeals · 1904
- Steinway v. von BernuthAppellate Division of the Supreme Court of the State of New York · 1901
- Powers v. HanfordAppellate Division of the Supreme Court of the State of New York · 1896
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