Hyperlawhypertext legal database McCreery v. Harral Soap Co. 129 N.Y.S. 1133

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McCreery v. Harral Soap Co.

129 N.Y.S. 1133 Court N.Y. App. Div. Decision date 1911-04-28 English

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p. 1133
McCREERY, Appellant, v. HARRAL SOAP CO., Respondent.
(Supreme Court, Appellate Division, Second Department.
April 28, 1911.)

Headnote

Action by William A. MeCreery against the Harral Soap Company.

The plaintiff’s right to recover on the facts is clearly limited to the sum of $7.23. That fact was conceded, but overlooked on the first argument. As no power exists to correct the judgment in that regard, the judgment ( 141 App. Div. 922 , 125 N. Y. Supp. 1129 ) is reversed on reargument, without costs, and a new trial ordered. See, also, 127 N. Y. Supp. 1130 .