Morgan v. Berger

Appellate Terms of the Supreme Court of New York

Morgan v. Berger

132 N.Y.S. 778

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 5, 1912

StatusPublished

This text of 132 N.Y.S. 778 (Morgan v. Berger) 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

Morgan v. Berger, 132 N.Y.S. 778 (N.Y. Ct. App. 1912).

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Opinion

PER CURIAM.

There appears to be an error in the computation of the damages. Two and one-half cents per yard on 7,771 yards amounts to $194.28, and not to $285.58. Making the computation of interest upon the correct amount would reduce the judgment by $97.30; otherwise, the judgment was correctly rendered. The attorney for the defendant accepted the computation upon the trial as [779]*779correct, and has not called our attention to the error on this appeal.

That substantial justice may be done, the judgment will be reduced to $233.81, and, as modified, affirmed, with costs to the respondent.

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PER CURIAM.

There appears to be an error in the computation of the damages. Two and one-half cents per yard on 7,771 yards amounts to $194.28, and not to $285.58. Making the computation of interest upon the correct amount would reduce the judgment by $97.30; otherwise, the judgment was correctly rendered. The attorney for the defendant accepted the computation upon the trial as [779]*779correct, and has not called our attention to the error on this appeal.

That substantial justice may be done, the judgment will be reduced to $233.81, and, as modified, affirmed, with costs to the respondent.

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Bluebook (online)

132 N.Y.S. 778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morgan-v-berger-nyappterm-1912.