Faulkner v. McCurdy

New York Supreme Court

Faulkner v. McCurdy

38 N.Y. Sup. Ct. 454

DecidedJanuary 15, 1884

StatusPublished

This text of 38 N.Y. Sup. Ct. 454 (Faulkner v. McCurdy) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Faulkner v. McCurdy, 38 N.Y. Sup. Ct. 454 (N.Y. Super. Ct. 1884).

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Opinion

— In case plaintiff stipulates to strike out the damages allowed, the judgment so modified is affirmed, with costs. If plaintiff does not so stipulate, the judgment is reversed as to damages and affirmed in all other respects, and a new trial is granted as to the amount of damages only ; and in case a new trial is had, if the amount of damages is reduced upon such new trial, the costs of this appeal shall be paid by the plaintiff, otherwise by the defendant. Opinion by

Smith, P. J.

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— In case plaintiff stipulates to strike out the damages allowed, the judgment so modified is affirmed, with costs. If plaintiff does not so stipulate, the judgment is reversed as to damages and affirmed in all other respects, and a new trial is granted as to the amount of damages only ; and in case a new trial is had, if the amount of damages is reduced upon such new trial, the costs of this appeal shall be paid by the plaintiff, otherwise by the defendant. Opinion by

Smith, P. J.

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Bluebook (online)

38 N.Y. Sup. Ct. 454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faulkner-v-mccurdy-nysupct-1884.