Herzfeld v. Robinson

Appellate Terms of the Supreme Court of New York

Herzfeld v. Robinson

152 N.Y.S. 194

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 18, 1915

StatusPublished

This text of 152 N.Y.S. 194 (Herzfeld v. Robinson) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Herzfeld v. Robinson, 152 N.Y.S. 194 (N.Y. Ct. App. 1915).

Pincite

Opinion

PENDLETON, J.

The action was brought to recover $200 on defendants’ alleged promise, among other things, to pay that amount for the purchase of certain machinery installed on certain premises. Defendants denied the promise to pay $200, and claimed the promise was to pay such sum as should be realized on a.sale of property over and above a sum of $400, due defendants from plaintiffs, and alleged that, in fact, less than $400 had been realized on the sale. The verdict of $100 is inconsistent with either claim, and cannot be reconciled to any view of the evidence. Plaintiff was entitled to recover the full amount of $200, or nothing, and the verdict should have been set aside. - •

Judgment and order reversed, and new trial ordered, with costs to appellant to abide the event. All concur.

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PENDLETON, J.

The action was brought to recover $200 on defendants’ alleged promise, among other things, to pay that amount for the purchase of certain machinery installed on certain premises. Defendants denied the promise to pay $200, and claimed the promise was to pay such sum as should be realized on a.sale of property over and above a sum of $400, due defendants from plaintiffs, and alleged that, in fact, less than $400 had been realized on the sale. The verdict of $100 is inconsistent with either claim, and cannot be reconciled to any view of the evidence. Plaintiff was entitled to recover the full amount of $200, or nothing, and the verdict should have been set aside. - •

Judgment and order reversed, and new trial ordered, with costs to appellant to abide the event. All concur.

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Bluebook (online)

152 N.Y.S. 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herzfeld-v-robinson-nyappterm-1915.