Livingston v. Weiss

Appellate Terms of the Supreme Court of New York

Livingston v. Weiss

94 N.Y.S. 1152

Appellate Terms of the Supreme Court of New York·Decided June 22, 1905·Published

Opinion

PER CURIAM.

Assuming that the action is maintainable, the judgment is unwarranted. The respondent presents a computation sugr gestive of the way in which the justice reasoned in reaching the conclusion that $17.50 damages to defendant "had been shown. An item of $105 as chargeable to plaintiff by defendant appears in the computation, but there was no evidence that the plaintiff had received $105 for which he should account to defendant. There must be a reversal, and a new trial, with costs to appellant to .abide the event.

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PER CURIAM.

Assuming that the action is maintainable, the judgment is unwarranted. The respondent presents a computation sugr gestive of the way in which the justice reasoned in reaching the conclusion that $17.50 damages to defendant "had been shown. An item of $105 as chargeable to plaintiff by defendant appears in the computation, but there was no evidence that the plaintiff had received $105 for which he should account to defendant. There must be a reversal, and a new trial, with costs to appellant to .abide the event.

Livingston v. Weiss, 94 N.Y.S. 1152 (N.Y. Ct. App. 1905).

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