Burke v. City of New York

Appellate Terms of the Supreme Court of New York

Burke v. City of New York

108 N.Y.S. 650

Appellate Terms of the Supreme Court of New York·Decided February 7, 1908·Published

Opinion

PER CURIAM.

The plaintiff sold to the defendant a split tripod, for which he claims $220.' The justice gave him judgment for that sum, with interest and costs. Defendant appeals, and urges as the sole ground for reversal that the market price was $198, and not $220.

The only witness as to the market value was one Weislcer, who testified thus: “Q. What was the market value of such an instrument on March 16, 1907? A. $220.” It appears on cross-examination, however, that defendant, at the time plaintiff made the purchase of the tripod, in order to deliver same to defendant, could have purchased the same in the market for $198. Had the city occasion, at this time, to replace a lost tripod of the kind in question, it could have bought the same in the market for $198.

The judgment should be reduced by $22, and, as thus modified, affirmed, without costs to either party.

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PER CURIAM.

The plaintiff sold to the defendant a split tripod, for which he claims $220.' The justice gave him judgment for that sum, with interest and costs. Defendant appeals, and urges as the sole ground for reversal that the market price was $198, and not $220.

The only witness as to the market value was one Weislcer, who testified thus: “Q. What was the market value of such an instrument on March 16, 1907? A. $220.” It appears on cross-examination, however, that defendant, at the time plaintiff made the purchase of the tripod, in order to deliver same to defendant, could have purchased the same in the market for $198. Had the city occasion, at this time, to replace a lost tripod of the kind in question, it could have bought the same in the market for $198.

The judgment should be reduced by $22, and, as thus modified, affirmed, without costs to either party.

Burke v. City of New York, 108 N.Y.S. 650 (N.Y. Ct. App. 1908).

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108 N.Y.S. 650 (Burke v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.