Strebler v. Title Guarantee and Trust Company, 14 N.E.2d 824

Strebler v. Title Guarantee and Trust Company

14 N.E.2d 824 | NY | 1938

Lead Opinion

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *732 Judgment modified by deducting therefrom the $248 claimed under the second cause of action, and as so modified affirmed, without costs. No opinion.

Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN and RIPPEY, JJ.; FINCH, J., dissents in part in the following memorandum:

Dissenting Opinion

I concur in the modification as to the deduction claimed under the second cause of action, but I vote to reverse and grant a new trial on the ground that the price the certificate would bring in the market is an improper basis for fixing damages. (Matter ofNew York Title Mortgage Co., 277 N.Y. 66.)