Majority
p. 157Henry Stanton, Resp’t, v. John H. Hennessey, App’lt. (Supreme Court, General Term, Second Department, Filed May 14, 1894.)
Concurring opinion. See 60 St. Rep. 254 .
I concur in the reversal of this judgment; but
I am of the opinion that the judgment roll in the action between plaintiff and defendant’s father was admissible in evidence to show that plaintiff had been subjected to the expense of an action in attempting to enforce the contract against defendant’s father White v. Madison, 26 N. Y. 120 , 129. The costs of that suit and the expense of counsel, etc., were elements of the plaintiff’s loss.
Concurrence
p. 158
That judgment, however, was entered upon a verdict of the jury, and it was plainly incompetent for plaintiff to attempt to give the reason for the. verdict. Without his evidence on that subject, the case was destitute of any proof that defendant had made any false representations, and the complaint should have been dismissed.