Pennie v. . Continental Life Ins. Co.

New York Court of Appeals

Pennie v. . Continental Life Ins. Co.

67 N.Y. 278, 1876 N.Y. LEXIS 385

CourtNew York Court of Appeals

DecidedNovember 14, 1876

StatusPublished

Cited by3 cases

This text of 67 N.Y. 278 (Pennie v. . Continental Life Ins. Co.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pennie v. . Continental Life Ins. Co., 67 N.Y. 278, 1876 N.Y. LEXIS 385 (N.Y. 1876).

Pincite

Opinion

Ohueoh, Gh. J.

A verdict was directed at the Circuit for $1,083, and the defendant’s exceptions ordered to be heard at General Term in the first instance. The General Term ordered judgment for the plaintiff for $795.59, from which the plaintiff appealed to this court, and the question is, whether it is appealable under chapter 322 of the Laws of 1874. We think it is not. The object of the act was to limit appeals to amounts in controversy exceeding $500. Although the judgment exceeded $500, yet the sum in controversy, is considerably less than that amount. The only controversy in the case, is, whether the counter-claim of about $200 should be allowed. Ordinarily the amount of the judgment is in controversy. In this case it is not. The amount of the judgment is not contested—the only contest is, whether the judgment should be increased about $200.

The appeal must be dismissed.

All concur.

Appeal dismissed.

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Ohueoh, Gh. J.

A verdict was directed at the Circuit for $1,083, and the defendant’s exceptions ordered to be heard at General Term in the first instance. The General Term ordered judgment for the plaintiff for $795.59, from which the plaintiff appealed to this court, and the question is, whether it is appealable under chapter 322 of the Laws of 1874. We think it is not. The object of the act was to limit appeals to amounts in controversy exceeding $500. Although the judgment exceeded $500, yet the sum in controversy, is considerably less than that amount. The only controversy in the case, is, whether the counter-claim of about $200 should be allowed. Ordinarily the amount of the judgment is in controversy. In this case it is not. The amount of the judgment is not contested—the only contest is, whether the judgment should be increased about $200.

The appeal must be dismissed.

All concur.

Appeal dismissed.

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Bluebook (online)

67 N.Y. 278, 1876 N.Y. LEXIS 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pennie-v-continental-life-ins-co-ny-1876.

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