Hyperlawhypertext legal databasebeta Strebler v. Title Guarantee & Trust Co. 277 N.Y. 730

← Cases

Strebler v. Title Guarantee & Trust Co.

277 N.Y. 730 Court N.Y. Decision date 1938-04-12 English

Decision Majority · Dissent — Finch, J.

Contents
p. 730
Michael Strebler, Respondent, v. Title Guarantee and Trust Company, Appellant.
Argued March 2, 1938;
decided April 12, 1938.
p. 732
Timothy N. Pfeiffer, Edward N. Perkins and John M. Friedman for appellant.
Grant Hoerner for respondent.

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 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 .)

Cases cited