32 Barb. 576 | N.Y. Sup. Ct. | 1860
By the Court,
Conceding the measure of damages established by the judgment in this action to be just and correct in principle, the learned referee erred in its application. He treated the two contracts, and the use of the dock under the lease from the government, as a single adventure, while although the same parties were interested in each and to the same extent, there was no manner of connection be
Sutherland, Bonney and Allen, Justices.]
In either view the judgment must be reversed, and a new trial granted, costs to abide the event.