Elevator Automatic Signal Co. v. Bok
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by the Elevator Automatic Signal Company, Incorporated, against Gustav Bok and others. Prom a resettled order granting plaintiff’s motion for judgment on the pleadings, defendants appeal. Order appealed from reversed, and motion denied.
1Opinion of the CourtCohalan, J.
This action was brought in replevin, and the complaint alleges that on the 1st day of July, 1914, the plaintiff was entitled to the possession of certain corporation personal property.
[1] The respective defendants deny in their amended answers material allegations of the complaint, and they severally set up therein certain defenses and counterclaims, to which replies were properly interposed. The pleadings, as they stood on the trial, raised issues of fact, which should have been tried by the jury; yet before any testimony had been taken the court granted the plaintiff’s motion for judgment…
Also in this document: Concurrence.
2Cases cited1 opinion
- Scognamillo v. . PassarelliNew York Court of Appeals · 1914
3Cited by1 opinion
- Parks v. Western Union Telegraph Co.Nevada Supreme Court · 1922