Hyperlawhypertext legal database Fosmire v. Satuloff 155 N.Y.S. 1107

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Fosmire v. Satuloff

155 N.Y.S. 1107 Court N.Y. App. Div. Decision date 1915-10-06 English

Contents

Majority

p. 1107
FOSMIRE, Respondent, v. SATULOFF et al., Appellants.
(Supreme Court, Appellate Division, Fourth Department.
October 6, 1915.)

Headnote

Action b~i Ella L. Fosmire, as administratrix, etc., against Barneth Satuloff and another.

Judgment and order reversed, and new trial granted, with costs to appellants to abide event, uniess the plaintiff shall, within 10 days stipulate to reduce the verdict to the sum of ~167 as of the date of the rendition thereof, in which event the judgment is modified accordingly, and, as so modified, is, together with the order, affirmed, without costs of this appeal to either party. JIeld, that there is no sufficient evidence of plaintiff's damage on account of the nndelivered apples to support that part of the verdict based thereon, and that part of the verdict is against the weight of the evidence.