Eastman Kodak Company v. . Kleinhans

New York Court of Appeals

Eastman Kodak Company v. . Kleinhans

79 N.E. 1104, 186 N.Y. 613, 1906 N.Y. LEXIS 1327

DecidedDecember 21, 1906

StatusPublished

This text of 79 N.E. 1104 (Eastman Kodak Company v. . Kleinhans) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eastman Kodak Company v. . Kleinhans, 79 N.E. 1104, 186 N.Y. 613, 1906 N.Y. LEXIS 1327 (N.Y. 1906).

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Opinions

Judgment reversed and new trial granted, costs to abide event, unless within twenty days of the service of this order plaintiff stipulates to deduct from the recovery the sum of $2,017.78, *614 with interest from September 27, 1899, to date of judgment,. being the amount awarded for the excess of alcohol used, which award cannot be sustained under the complaint and findings, and in case of such stipulation being made, the judgment as reduced is affirmed, without costs in this court to .either party ; no opinion;

Concur: Cullen, Ch. J., Gray, O’Brien, and Chase, JJ. Not sitting: Werner and Hisoook, JJ.

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Judgment reversed and new trial granted, costs to abide event, unless within twenty days of the service of this order plaintiff stipulates to deduct from the recovery the sum of $2,017.78, *614 with interest from September 27, 1899, to date of judgment,. being the amount awarded for the excess of alcohol used, which award cannot be sustained under the complaint and findings, and in case of such stipulation being made, the judgment as reduced is affirmed, without costs in this court to .either party ; no opinion;

Concur: Cullen, Ch. J., Gray, O’Brien, and Chase, JJ. Not sitting: Werner and Hisoook, JJ.

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79 N.E. 1104, 186 N.Y. 613, 1906 N.Y. LEXIS 1327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eastman-kodak-company-v-kleinhans-ny-1906.