Lambert v. Montgomery

New York Court of Common Pleas

Lambert v. Montgomery

3 N.Y.S. 946, 16 N.Y. St. Rep. 1017, 1888 N.Y. Misc. LEXIS 982

DecidedMay 7, 1888

StatusPublished

This text of 3 N.Y.S. 946 (Lambert v. Montgomery) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lambert v. Montgomery, 3 N.Y.S. 946, 16 N.Y. St. Rep. 1017, 1888 N.Y. Misc. LEXIS 982 (N.Y. Super. Ct. 1888).

Pincite

Opinion

Per Curiam.

The evidence in this ease is very contradictory, and it is also much confused. We have carefully examined it, and also the briefs of counsel on both sides. We cannot say the judge who tried the case erred in giving greater weight to the testimony offered by the plaintiff; but it is apparent to us that, in arriving at that amount, he overlooked some of the items making in defendants’ favor, and, for that reason, gave judgment for an amount larger than the plaintiff is entitled to. The judgment should be modified by reducing it to $70.70, and as modified affirmed, without costs to either party as against the other.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The evidence in this ease is very contradictory, and it is also much confused. We have carefully examined it, and also the briefs of counsel on both sides. We cannot say the judge who tried the case erred in giving greater weight to the testimony offered by the plaintiff; but it is apparent to us that, in arriving at that amount, he overlooked some of the items making in defendants’ favor, and, for that reason, gave judgment for an amount larger than the plaintiff is entitled to. The judgment should be modified by reducing it to $70.70, and as modified affirmed, without costs to either party as against the other.

Cite This Page — Counsel Stack

Bluebook (online)

3 N.Y.S. 946, 16 N.Y. St. Rep. 1017, 1888 N.Y. Misc. LEXIS 982, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lambert-v-montgomery-nyctcompl-1888.