Cook v. American Express Co. — 47 N.Y. St. Rep. 931

Majority

p. 931

James J. Cook, Resp’t, v. The American Express Company, App’lt.

Headnote

Appeal from judgment of Dutchess county court, affirming justice’s judgment in favor of plaintiff.

Frank Hasbrouck, for app’lt; Ransom Baker, for resp’t.

—This is an appeal ti-om a judgment of the county court affirming a judgment of a court of a justice of the peace in favor of the plaintiff against the defendant.

The case is one where the appellant has not demanded a new trial in the appellate court, and m such cases “the appellate court must render judgment according to the justice of the case without regard to technical errors or defects which do not affect the merits.” Code of Civ. Pro., § 3063.

Assuming as we must that the county court rendered the judgment from which this appeal is taken in obedience to this requirement of the'law, we are not at liberty to disregard the decision.

This case well illustrates the wisdom of the statute. The amount involved is small, as it frequently is in actions in courts of a justice of the peace, and independent of technical objections the judgment does substantial justice between the parties.

The judgment should be affirmed, with costs.

Barnard, P. J., and Cullen, J., concur.