Thomas v. N. Y. Life Ins.

The Superior Court of New York City

Thomas v. N. Y. Life Ins.

18 Jones & S. 523

CourtThe Superior Court of New York City

DecidedApril 7, 1884

StatusPublished

This text of 18 Jones & S. 523 (Thomas v. N. Y. Life Ins.) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thomas v. N. Y. Life Ins., 18 Jones & S. 523 (N.Y. Super. Ct. 1884).

Pincite

Opinion

Sedgwick, Ch. J.

I am of opinion that when the general term, does not reverse any finding of fact, it has the power to modify the judgment by altering the amount of damages recovered when the modification is a result of law upon the facts found (See Andrews v. Tyng, 94 N. Y. 17). Under the special circumstances of the case, I think it would be best that' neither party should have costs of appeal.

Freedman and O’Gorman, JJ., concurred.

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Sedgwick, Ch. J.

I am of opinion that when the general term, does not reverse any finding of fact, it has the power to modify the judgment by altering the amount of damages recovered when the modification is a result of law upon the facts found (See Andrews v. Tyng, 94 N. Y. 17). Under the special circumstances of the case, I think it would be best that' neither party should have costs of appeal.

Freedman and O’Gorman, JJ., concurred.

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Bluebook (online)

18 Jones & S. 523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-n-y-life-ins-nysuperctnyc-1884.