Koch v. Roth

Appellate Division of the Supreme Court of New York

Koch v. Roth

237 A.D. 858

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 15, 1932

StatusPublished

This text of 237 A.D. 858 (Koch v. Roth) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Koch v. Roth, 237 A.D. 858 (N.Y. Ct. App. 1932).

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Opinion

Judgment modified by reducing its amount to the sum of $9,243.28 and as so modified unanimously affirmed, without costs. There is no proof in the record as to the value of the stock purchased by the plaintiff except that given by plaintiff’s witness Goldberg, who testified that, at the time plaintiff purchased the stock, it had a book value of $3,762. Plaintiff, therefore, was not entitled to recover the full amount he paid for the stock, but only the amount less its value at the time he purchased. The judgment should, therefore, be reduced by the value of the stock at the time he received it, with interest on that amount to the date of the entry of the judgment herein, and the court modifies the judgment to this extent. Present — Lazansky, P. J., Young, Carswell, Seudder and Tompkins, JJ.

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Judgment modified by reducing its amount to the sum of $9,243.28 and as so modified unanimously affirmed, without costs. There is no proof in the record as to the value of the stock purchased by the plaintiff except that given by plaintiff’s witness Goldberg, who testified that, at the time plaintiff purchased the stock, it had a book value of $3,762. Plaintiff, therefore, was not entitled to recover the full amount he paid for the stock, but only the amount less its value at the time he purchased. The judgment should, therefore, be reduced by the value of the stock at the time he received it, with interest on that amount to the date of the entry of the judgment herein, and the court modifies the judgment to this extent. Present — Lazansky, P. J., Young, Carswell, Seudder and Tompkins, JJ.

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Bluebook (online)

237 A.D. 858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koch-v-roth-nyappdiv-1932.