Romano v. Boyd

Appellate Terms of the Supreme Court of New York

Romano v. Boyd

97 N.Y.S. 994

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 27, 1906

StatusPublished

This text of 97 N.Y.S. 994 (Romano v. Boyd) 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

Romano v. Boyd, 97 N.Y.S. 994 (N.Y. Ct. App. 1906).

Pincite

Opinion

PER CURIAM.

The judgment as entered does not appear to represent the finding, of the jury. The latter evidently intended to give plaintiff the entire value of the horse, on the assumption that title and possession would remain in defendant. This is a very different thing from giving plaintiff the whole value of the horse, with the right to resume possession.

The judgment must be reversed, and a new trial granted, with costs to abide the event, unless plaintiff will stipulate to reduce the judgment by $75, in which case the judgment as so modified will be affirmed, without costs to either party.

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PER CURIAM.

The judgment as entered does not appear to represent the finding, of the jury. The latter evidently intended to give plaintiff the entire value of the horse, on the assumption that title and possession would remain in defendant. This is a very different thing from giving plaintiff the whole value of the horse, with the right to resume possession.

The judgment must be reversed, and a new trial granted, with costs to abide the event, unless plaintiff will stipulate to reduce the judgment by $75, in which case the judgment as so modified will be affirmed, without costs to either party.

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Bluebook (online)

97 N.Y.S. 994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/romano-v-boyd-nyappterm-1906.