Cook v. Casler
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term. Action by Jacob C. Cook, as an administrator of Clarissa Cook, deceased, against Sandy Casler, as executor of Josiah Snell, deceased, and another. From the part of the judgment which dismisses without costs plaintiff’s first cause of action, and which is in favor of plaintiff on his second cause of action, defendants appeal.
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Appeal from Trial Term. Action by Jacob C. Cook, as an administrator of Clarissa Cook, deceased, against Sandy Casler, as executor of Josiah Snell, deceased, and another. From the part of the judgment which dismisses without costs plaintiff’s first cause of action, and which is in favor of plaintiff on his second cause of action, defendants appeal. Judgment on first cause of action modified by including therein taxable costs to defendants, and on second cause of action reversed.
1Opinion of the CourtParker, P. J.
When this action was before us on a former appeal, we held that the cause of action first set forth in the complaint was barred by a prior judgment. As to the second cause of action therein, the judgment then before us was rendered as in a common-law action to recover damages for the breach of a contract, and we reversed it, and ordered a new trial, for the reason that the recovery of $4,000 and interest, permitted by the trial court, was based upon an improper measure of damages for such a breach. See 76 App. Div. 279, 78 N. Y. Supp. 661. Upon this second trial the complaint as to the first…
Also in this document: Concurrence.
2Cases cited6 opinions
- Deeley v. . HeintzNew York Court of Appeals · 1901
- Palmer v. GouldNew York Court of Appeals · 1895
- Phillips v. BergerNew York Supreme Court · 1850
- Cook v. CaslerAppellate Division of the Supreme Court of the State of New York · 1902
- Cook v. CaslerAppellate Division of the Supreme Court of the State of New York · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Alexander Hamilton Institute v. JonesAppellate Court of Illinois · 1924