City of New York Municipal Court, 1899

Horgan v. Schultheis Fort George Casino

Horgan v. Schultheis Fort George Casino
City of New York Municipal Court · Decided December 15, 1899
30 Misc. 837; 61 N.Y.S. 1138

Counsel

Lewis & Stoddart (Thomas A. Stoddart, of counsel), for appellant., Charles W. Dayton, for respondent.

Horgan v. Schultheis Fort George Casino

Opinion of the Court

Per Curiam.

The rental value of the tools rented to defendant by plaintiff was a question of fact for the jury.

The verdict in plaintiff’s favor for $200 was not excessive.

The evidence submitted by plaintiff amply sustains their conclusion. Eo substantial evidence was offered by defendant, respecting such rental value or disputing plaintiff’s estimate of the same.

*838The verdict of the jury in view of this fact was certainly just and reasonable, they having awarded plaintiff. only $200, when his claim was far over $500.

No error was committed, and the judgment must he affirmed, with costs.

Present: Fitzsimons, Ch. J., and Schuchman, J.

Judgment affirmed, with costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.