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STREBLER v. TITLE GUARANTEE AND TRUST COMPANY
Court of Appeals of the State of New York.
Apr 12, 1938
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:
FINCH, J. (dissenting in part).
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 of New York Title Mortgage Co., 277 N.Y. 66.)
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