Welling v. Morrell

Appellate Terms of the Supreme Court of New York

Welling v. Morrell

156 N.Y.S. 562

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 30, 1915

StatusPublished

This text of 156 N.Y.S. 562 (Welling v. Morrell) 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

Welling v. Morrell, 156 N.Y.S. 562 (N.Y. Ct. App. 1915).

Pincite

Opinion

PER CURIAM.

[1, 2] At the end of the stenographer’s minutes in this case it appears that the justice who tried the case said: “Judgment for the plaintiff for $367.” This was evidently a mistake, as the judgment actually rendered was for the sum of $240, as appears by the judgment contained in the record, which must control. A correct computation, however, shows that the plaintiff is entitled to but $238.

Judgment modified, by reducing the amount of recovery to the sum of $238, with appropriate costs in the court below, and, as modified, affirmed, with $25 costs to the respondent.

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PER CURIAM.

[1, 2] At the end of the stenographer’s minutes in this case it appears that the justice who tried the case said: “Judgment for the plaintiff for $367.” This was evidently a mistake, as the judgment actually rendered was for the sum of $240, as appears by the judgment contained in the record, which must control. A correct computation, however, shows that the plaintiff is entitled to but $238.

Judgment modified, by reducing the amount of recovery to the sum of $238, with appropriate costs in the court below, and, as modified, affirmed, with $25 costs to the respondent.

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Bluebook (online)

156 N.Y.S. 562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/welling-v-morrell-nyappterm-1915.