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Westcott v. Fidelity and Deposit Co. of Maryland

Appellate Division of the Supreme Court of New York, First Department
Feb 1, 1905
102 App. Div. 609 (N.Y. App. Div. 1905)

Opinion

February, 1905.

Present — Van Brunt, P.J., O'Brien, Ingraham, Hatch and Laughlin, JJ.


Judgment affirmed, with costs.


This case was before this court upon a former appeal from a judgment in favor of the plaintiff ( 87 App. Div. 497). Upon the new trial the same facts were presented and the court below followed the decision of this court in directing a verdict for the plaintiff for the sum of $2,348.87, with interest. The plaintiff having, therefore, recovered a judgment for the damages that he has sustained by the breach of the contract to secure the performance of which this bond was given, he was not entitled to a further recovery. It follows that the judgment appealed from must be affirmed, with costs.


Summaries of

Westcott v. Fidelity and Deposit Co. of Maryland

Appellate Division of the Supreme Court of New York, First Department
Feb 1, 1905
102 App. Div. 609 (N.Y. App. Div. 1905)
Case details for

Westcott v. Fidelity and Deposit Co. of Maryland

Case Details

Full title:Robert E. Westcott, Appellant, v. Fidelity and Deposit Company of…

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

Date published: Feb 1, 1905

Citations

102 App. Div. 609 (N.Y. App. Div. 1905)