Westcott v. Fidelity & Deposit Co. of Maryland
This text of 92 N.Y.S. 1150 (Westcott v. Fidelity & Deposit Co. of Maryland) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This case was before this court upon a former appeal from a judgment in favor of the plaintiff. 87 App. Div. 497, 84 N. Y. Supp. 731. Upon the new trial the same facts were presented, and the court below followed the decision of this court in directing a verdict for the plaintiff for the sum of $2,348.87, with interest. The plaintiff having, therefore, recovered a judgment for the damages that he has sustained by the breach of the contract to secure the performance of which this bond was given, he was not entitled to a further recovery. It follows that the judgment appealed from must be affirmed, with costs.
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Cite This Page — Counsel Stack
92 N.Y.S. 1150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/westcott-v-fidelity-deposit-co-of-maryland-nyappdiv-1905.