Herz v. Illinois Surety Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Isidor Herz against the Illinois Surety Company. From á judgment for defendant, plaintiff appeals.
1Per curiam
This judgment purports to have been rendered upon an agreed statement of facts submitted to the lower court. The only provision for the submission of a controversy upon an agreed statement of facts in the Municipal Court is contained in section 241 of the Municipal Court act (Acts 1902, c. 580). That section requires that such statement must be accompanied with the affidavit of one or more of the parties thereto to the effect that the controversy is real and the submission made in good faith, for the purpose of determining the rights of the parties; and this court has held that without such…
2Cases cited3 opinions
- Lax v. Fourteenth Street StoreAppellate Terms of the Supreme Court of New York · 1906
- Neustaedter v. WienerAppellate Terms of the Supreme Court of New York · 1908
- Neustaedter v. WienerNew York Supreme Court · 1908
3Cited by2 opinions
- Parkes v. Whitney Opera Co.Appellate Terms of the Supreme Court of New York · 1912
- Scheinholtz v. PlattAppellate Terms of the Supreme Court of New York · 1911