Moral v. Wilson

City of New York Municipal Court

Moral v. Wilson

26 Misc. 845, 55 N.Y.S. 1144

DecidedJanuary 15, 1899

StatusPublished

This text of 26 Misc. 845 (Moral v. Wilson) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Moral v. Wilson, 26 Misc. 845, 55 N.Y.S. 1144 (N.Y. Super. Ct. 1899).

Pincite

Opinion

O’Dwyer, J.

After a careful examination of the record, we are of the opinion that the order appealed from should be reversed and the motion to open the default granted, upon condition that the plaintiff pay the costs of the action heretofore taxed and inserted in the judgment-roll, unless within ten days the plaintiff [846]*846stipulates to reduce the amount of his recovery herein to the amount of the value of the chattels as found at the trial and assessing the damages for its detention at six cents, and costs and expenses of the action, in which event the order appealed from is affirmed, without costs.

Oloott, J., concurs.

Order affirmed, without costs.

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O’Dwyer, J.

After a careful examination of the record, we are of the opinion that the order appealed from should be reversed and the motion to open the default granted, upon condition that the plaintiff pay the costs of the action heretofore taxed and inserted in the judgment-roll, unless within ten days the plaintiff [846]*846stipulates to reduce the amount of his recovery herein to the amount of the value of the chattels as found at the trial and assessing the damages for its detention at six cents, and costs and expenses of the action, in which event the order appealed from is affirmed, without costs.

Oloott, J., concurs.

Order affirmed, without costs.

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Bluebook (online)

26 Misc. 845, 55 N.Y.S. 1144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moral-v-wilson-nynyccityct-1899.