New York Court of Appeals, 1938

Strebler v. Title Guarantee and Trust Company

Strebler v. Title Guarantee and Trust Company
New York Court of Appeals · Decided April 12, 1938 · Finch
14 N.E.2d 824; 277 N.Y. 730; 1938 N.Y. LEXIS 1180 (North Eastern Reporter, Second Series)

Strebler v. Title Guarantee and Trust Company

Opinion of the Court

Judgment modified by deducting therefrom the $248 claimed under the second cause of action, and as so modified affirmed, without costs. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Lohghran and Rippey, JJ.; Finch, J., dissents in part in the following memorandum:

Dissenting Opinion

Finch, J.

(dissenting in part). I concur in the modification as to the deduction claimed under the second cause of action, but I vote to reverse and grant a new trial on the ground that the price the certificate would bring in the market is an improper basis for fixing damages. (Matter of New York Title & Mortgage Co., 277 N. Y. 66.)

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