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Moral v. Wilson

55 N.Y.S. 1144 Court N.Y. City Ct. Decision date 1899-01-18 English

Delivered by O’DWYER, J.

Contents

Majority

p. 1144
MORAL, Respondent, v. WILSON, Appellant.
(City Court of New York, General Term.
January 18, 1899.)

Headnote

Action by Bernhard Moral against Maude A. Wilson. Robert L. Turk, for appellant. Leventritt & Brennan, for respondent.

After a careful examination of the record, we are of opinion that the order appealed from should be reversed, and the motion to open the default granted, upon condition that the defendant pay the costs of the action heretofore taxed, and inserted in the judgment roll, unless within 10 days the plaintiff stipulate to reduce the amount of his recovery herein to the amount of the value of the chattels as found at the trial, and assessing the damages for the detention at six cents, and costs and expenses of the action, in which event the order appealed from is affirmed, without costs.