Fiss, Doerr & Carroll Horse Co. v. Golde — 203 N.Y. 598

Majority

p. 598

Fiss, Doerr and Carroll Horse Company, Respondent, v. Louis Golde et al., Appellants.

Headnote

Fiss, Doerr & Carroll Horse Co. v. Golde, 138 App. Div. 907 , modified.

(Argued October 31, 1911;

decided November 21, 1911.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 25, 1910, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover a balance alleged to be due for work done under a contract.

Benjamin N. Cardozo and Harry A. Gordon for appellants.

Franklin Pierce for respondent.

Judgment reversed and new trial granted, costs to abide event, unless within twenty days plaintiff stipulates to reduce its judgment by the sum of $1,521, with interest from the date of the assessment to the date of the judgment, in which case judgment as reduced is affirmed, without costs of this appeal to either party; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Willard Bartlett, Hiscooic and Collin, JJ.