Welling v. Morrell

Appellate Terms of the Supreme Court of New York

Decided December 30, 1915

Appellate Terms of the Supreme Court of New York · decided 1915-12-30

<p>Appeal from Municipal Court, Borough of Manhattan, First District.</p> <p>Action by Richard Welling against Gerald Morrell. From a judgment in favor of plaintiff, defendant appeals.</p>

Modified and affirmed · Decided 1915-12-30

PER CURIAM.

¶1[1, 2] At the end of the stenographer’s minutes in this case it appears that the justice who tried the case said: “Judgment for the plaintiff for $367.” This was evidently a mistake, as the judgment actually rendered was for the sum of $240, as appears by the judgment contained in the record, which must control. A correct computation, however, shows that the plaintiff is entitled to but $238.

¶2Judgment modified, by reducing the amount of recovery to the sum of $238, with appropriate costs in the court below, and, as modified, affirmed, with $25 costs to the respondent.