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115 N.Y.S. 695

MacDonald v. Johns

Appellate Terms of the Supreme Court of New York · decided 1909-03-17

<p>Work and Labor (§ 3½*)—Expenses Incurred.</p> <p>In an action for services, plaintiff was entitled to recover, in addition to the value of such services, money paid by him for work done for him by another in connection with the services at defendant’s request.</p> <p>[Ed. Note.—For other cases, see Work and Labor, Dec. Dig. § 3%.*] MacLean, J., dissenting in part.</p>

Relies on Dayton v. . Parke

Decided 1909-03-17

MacLEAN, J.

¶1(dissenting). Although it has been held by this court that “where there is a mere error in a matter of figures, and a new trial will not change the result, a judgment may be modified, even by increasing the amount of the recovery” (Goldstein v. Greenberg, 18 *697Misc. Rep. 61, 41 N. Y. Supp. 21), to modify the judgment herein by increasing the amount of plaintiff’s recovery would seem, under the authorities, to be beyond the province of this court (Brockman v. Buell, 16 Daly, 90, 9 N. Y. Supp. 895; McHugh v. N. Y. El. Ry. Co., 65 Hun, 619, 19 N. Y. Supp. 744; Dayton v. Parke, 142 N. Y. 391, 398, 37 N. E. 642).

¶2The judgment, therefore, of the court below, should be affirmed, but without costs of this appeal.

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