Sourwine v. Truscott

New York Supreme Court

Sourwine v. Truscott

32 N.Y. Sup. Ct. 67

DecidedJune 15, 1881

StatusPublished

This text of 32 N.Y. Sup. Ct. 67 (Sourwine v. Truscott) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sourwine v. Truscott, 32 N.Y. Sup. Ct. 67 (N.Y. Super. Ct. 1881).

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Opinion

Order denying new trial reversed, and new trial ordered in the Erie County Court, costs to abide event. Held, that the County Court on adjudging the damages to be excessive' could only order a new trial; it had no power to order judgment for a reduced sum, the damages being unliquidated, and the jury being the only tribunal by whom the amount of the damages could be fixed. (18 N. Y., 522 ; 38 id., 178 ; 69 id., 468 ; 17 Hun, 338.)

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Order denying new trial reversed, and new trial ordered in the Erie County Court, costs to abide event. Held, that the County Court on adjudging the damages to be excessive' could only order a new trial; it had no power to order judgment for a reduced sum, the damages being unliquidated, and the jury being the only tribunal by whom the amount of the damages could be fixed. (18 N. Y., 522 ; 38 id., 178 ; 69 id., 468 ; 17 Hun, 338.)

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32 N.Y. Sup. Ct. 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sourwine-v-truscott-nysupct-1881.

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