City of New York Municipal Court, 1899

Sess v. Richey

Sess v. Richey
City of New York Municipal Court · Decided May 15, 1899
27 Misc. 843; 58 N.Y.S. 1148

Counsel

Leopold Leo (William Haupt, of counsel), for appellants., Edwards & Bryan (Robert H. Patten, 2d, of counsel), for-respondents.

Sess v. Richey

Opinion of the Court

Per Curiam.

We concur in the verdict of the jury. They believed that if plaintiffs had been allowed to perform their contract: with defendants they would have lost money instead of making a profit; they evidently wished to prevent defendants from recovering two bills of costs herein, therefore, they rendered a verdict for-plaintiffs for nominal damages supposing that such a verdict would so save-plaintiffs. A verdict in favor of defendants would have been justified by the evidence.' After a careful perusal of the-verdict, we think that no injustice was done plaintiffs.

Present: Eitzsimohs, Ch. J., and O’Dwyeb, J.

Judgment affirmed, with costs.

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