Reed v. Trowbridge — 106 N.Y. 657

Majority

p. 657

Samuel C. Reed, Respondent, v. Francis E. Trowbridge, Appellant.

Headnote

Where the cause of action stated in a complaint, which was for more than $500, was put in issue and contested on the trial and was allowed by the jury, but the recovery was for less than that sum because of the application of an undisputed counter-claim. Held, the amount in controversy was for more than $500, and the case was appealable to this court.

(Argued June 7, 1887;

decided June 14, 1887.)

p. 658

This was a motion to dismiss an appeal from a judgment on the ground that the amount in controversy was less than $500.

The following is the mem. of opinion:

11 The amount in controversy is the sum of $1,465.47, which the jury allow to the plaintiff.' His right to receive that sum was strenuously disputed and resisted by the defendant. The jury gave the plaintiff a verdict of only $200.47; but that balance was reached, by applying in diminution of the $1,465.47, the undisputed counter-claim of the defendant, amounting to the sum of $1,265; but for the allowance by the jury of the $1,465.47, the defendant would have had judgment for his counter-claim. The matter in controversy, therefore, under section 191 of the Code, is more than $500, and the case is appealable to this court.

“ Motion denied, with $10 costs.”

Theodore F. Miller' for motion.

D. M. Porter opposed.

mem. for denial of motion.

All concur.

Motion denied.