Nims v. Merritt

Appellate Division of the Supreme Court of New York

Nims v. Merritt

82 N.Y.S. 1108

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 12, 1903

StatusPublished

This text of 82 N.Y.S. 1108 (Nims v. Merritt) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nims v. Merritt, 82 N.Y.S. 1108 (N.Y. Ct. App. 1903).

Pincite

Opinion

PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event, upon the law and the facts, unless the respondent stipulates that said judgment be modified, by reducing the allowance for rock excavation, at $2.90 per yard, to 3,860 yards, and also by reducing the allowance for interest to an amount to be computed upon the balance, after the foregoing deduction, from June 26, 1899, the date when this action was commenced. In the event that said modification is stipulated, said judgment, as so modified, and the order, are affirmed, without costs of this appeal to either party.

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PER CURIAM.

Judgment and order reversed, and new trial ordered, with costs to the appellant to abide event, upon the law and the facts, unless the respondent stipulates that said judgment be modified, by reducing the allowance for rock excavation, at $2.90 per yard, to 3,860 yards, and also by reducing the allowance for interest to an amount to be computed upon the balance, after the foregoing deduction, from June 26, 1899, the date when this action was commenced. In the event that said modification is stipulated, said judgment, as so modified, and the order, are affirmed, without costs of this appeal to either party.

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Bluebook (online)

82 N.Y.S. 1108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nims-v-merritt-nyappdiv-1903.