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Livingston v. Weiss

94 N.Y.S. 1152 Court N.Y. App. Term Decision date 1905-06-22 English

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p. 1152
LIVINGSTON, Appellant, v. WEISS, Respondent.
(Supreme Court, Appellate Term.
June 22, 1905.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Moses Livingston against Adolphus Weiss. From a judgment for defendant, plaintiff appeals.
Reversed.
A. S. Rosenthal, for appellant.
Wentworth, Lowenstein & Stern, for respondent.

Assuming that the action is maintainable, the judgment is unwarranted. The respondent presents a computation sugr gestive of the way in which the justice reasoned in reaching the conclusion that $17.50 damages to defendant "had been shown. An item of $105 as chargeable to plaintiff by defendant appears in the computation, but there was no evidence that the plaintiff had received $105 for which he should account to defendant. There must be a reversal, and a new trial, with costs to appellant to .abide the event.