Beattys v. Town of Solon — 49 N.Y. St. Rep. 847

Majority

p. 847

George H. Beattys, Resp’t, v. The Town of Solon, App’lt.^[1]

(Court of Appeals,

Filed January 17, 1893.)

Headnote

Appeal from judgment of the supreme court, general term, fourth department, affirming judgment in favor of plaintiff..

Louis Marshall and B. A. Benedict, for app’lt; Edward B. Thomas and Howard D. Newton, for resp’ti

The seventeenth finding of fact in this case shows that the coupons sued on were “ annexed to the bonds of plaintiff,” and the twentieth, that, when sued, they were cut from bonds

p. 848

numbered 113, etc., which he purchased in good faith. Finding twenty-one shows that the amount of the coupons was $2,681, and that sum deducted from the damages shows that $1,212.39 was erroneously^included in the judgment. On authority of our decision made in the Savings Bank case, the judgment should be modified by deducting therefrom twelve hundred and twelve dollars and thirty-nine cents, and, as modified, affirmed, without costs to either party in this court.

All concur.