Hyperlawhypertext legal database Westcott v. Fidelity & Deposit Co. of Maryland 92 N.Y.S. 1150

← Cases

Westcott v. Fidelity & Deposit Co. of Maryland

92 N.Y.S. 1150 Court N.Y. App. Div. Decision date 1905-02-24 English

Contents

Majority

p. 1150
WESTCOTT, Appellant, v. FIDELITY & DEPOSIT CO. OF MARYLAND, Respondent.
(Supreme Court, Appellate Division, First Department.
February 24, 1905.)

Headnote

Appeal from Trial Term, New York County. Action by Robert E. Westcott against the Fidelity & Deposit Company of Maryland. From a judgment granting insufficient relief," plaintiff appeals. Affirmed. E. H. Benn, for appellant. Albert B. Boardman, for respondent.

This case was before this court upon a former appeal from a judgment in favor of the plaintiff. 87 App. Div. 497 , 84 N. Y. Supp. 731 . Upon the new trial the same facts were presented, and the court below followed the decision of this court in directing a verdict for the plaintiff for the sum of $2,348.87, with interest. The plaintiff having, therefore, recovered a judgment for the damages that he has sustained by the breach of the contract to secure the performance of which this bond was given, he was not entitled to a further recovery. It follows that the judgment appealed from must be affirmed, with costs.