Livingston v. Weiss

Appellate Terms of the Supreme Court of New York

Livingston v. Weiss

94 N.Y.S. 1152

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 22, 1905

StatusPublished

This text of 94 N.Y.S. 1152 (Livingston v. Weiss) 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

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

Pincite

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.

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

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.

Cite This Page — Counsel Stack

Bluebook (online)

94 N.Y.S. 1152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/livingston-v-weiss-nyappterm-1905.