22 Barb. 278 | N.Y. Sup. Ct. | 1856
Two questions are presented for the decision of the court, on the motion for a new trial in this case. 1st. Is the judgment recovered before the justice of the peace in the city of Hew York, a bar to the plaintiff’s recovery in this action 1 2d. Was the decline in the market price of the sheep, between the time they should have arrived in Hew York and the time when they did arrive, a proper measure of damages. On the first point, the judge advised the jury that the judgment recovered in the justice’s court in the city of .Hew York, by the defendants, in the suit commenced by the plaintiff’s agent, for the same cause of action for which
The verdict was right, and a new trial should be denied.
T. R. Strong, Welles and Smith, Justices.]