Appellate Terms of the Supreme Court of New York, 1912

Morgan v. Berger

Morgan v. Berger
Appellate Terms of the Supreme Court of New York · Decided January 5, 1912
132 N.Y.S. 778 (New York Supplement)

Counsel

Leo Lerner, for appellant., Samuel C. Steinhardt, for respondent.

Morgan v. Berger

Opinion of the Court

PER CURIAM.

There appears to be an error in the computation of the damages. Two and one-half cents per yard on 7,771 yards amounts to $194.28, and not to $285.58. Making the computation of interest upon the correct amount would reduce the judgment by $97.30; otherwise, the judgment was correctly rendered. The attorney for the defendant accepted the computation upon the trial as *779correct, and has not called our attention to the error on this appeal.

That substantial justice may be done, the judgment will be reduced to $233.81, and, as modified, affirmed, with costs to the respondent.

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