Hyperlawhypertext legal database Thomas v. N. Y. Life Ins. 50 N.Y. Super. Ct. 523

← Cases

Thomas v. N. Y. Life Ins.

50 N.Y. Super. Ct. 523 18 Jones & S. 523 Court N.Y. Super. Ct. Decision date 1884-04-07 English

Delivered by Sedgwick, Ch. J.

Contents

Majority

p. 523
ELIZA A. THOMAS, as Executrix, etc., v. THE N. Y. LIFE INS. CO.[1]

Headnote

Power of general term as to damages.
Motion to modify general term order.
The order is to stand, as to its directions for the judgment, neither party to have costs of appeal.

I am of opinion that when the general term, does not reverse any finding of fact, it has the power to modify the judgment by altering the amount of damages recovered when the modification is a result of law upon the facts found (See Andrews v. Tyng, 94 N. Y. 17 ). Under the special circumstances of the case, I think it would be best that' neither party should have costs of appeal.

Freedman and O’Gorman, JJ., concurred.