Quackenbush v. Mapes. No. 2

Full title: ABRAHAM QUACKENBUSH, Respondent, v . DANIEL MAPES, JR., and PARK…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 10, 1908

123 App. Div. 250 (N.Y. App. Div. 1908)

107 N.Y.S. 1052

Opinion

January 10, 1908.

Milton A. Fowler, for the appellants.

Charles N. Morgan, for the respondent.

McLAUGHLIN, J.:

The questions presented on this appeal are similar to the ones presented in action No. 1 between the same parties. The appeals were argued together, and for the reasons stated in the opinion in action No. 1 ( 123 App. Div. 242), decided herewith, the judgment here appealed from must be modified so as to permit a recovery for only $1,900 and interest thereon from the 1st day of December, 1885, and costs, and as thus modified should be affirmed, without costs in this court to either party.

PATTERSON, P.J., INGRAHAM and CLARKE, JJ., concurred; HOUGHTON, J., dissented.

Judgment modified as directed in opinion, and as modified affirmed, without costs. Settle order on notice.