New York Supreme Court Reports (Volume 3); Cases Determined in the Supreme Court of New York

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874. Excerpt: ... Town of Lyons v. Cole. It seems to be the rule, that any fact which would materially diminish the happiness to be expected from the marriage may be given in evidence to reduce the damages. Mayne on Damages, 74. It cannot be said that the fact offered to be proved in the case at bar would not have some effect upon the marriage relations of the parties, although it occurred while the plaintiff was very young, and had been measurably forgotten in the lapse of time. The proof, if admitted, may not have influenced the jury to reduce the damages in this particular case under the circumstances detailed in the evidence, but we cannot say that it was wholly immaterial upon the question of damages. This exception, we think, ought to be sustained and a new trial granted, costs to abide the event. All concurred as to the last exception discussed in this opinion. Smith, J., also concurred in the opinion, that the judge on the trial had discretion to limit the inquiry as to time, subject to review in case of abuse. Mullin, J., was not ready to express a decided opinion, but was inclined to believe there might be cases where the inquiry should be under the control of the judge. Judgment reversed and new trial granted. Town Of Lyons V. Cole et al, appellants. Practice--unauthorized action--defendant may object. Towns--right of supervisor to bring action in name of. The town of Lyons at a town meeting, by a resolution, directed the supervisor as supervisor, to bring an action to restrain commissioners to issue town bonds, from disposing of the town bonds until the rights of the town were protected. The supervisor employed attorneys who, with the acquiescence of the supervisor, brought an action in the name of the town, and instead of asking an injunction restraining the...