Legal Opinion

Niagara Fire Insurance v. Campbell Stores

Appellate Division of the Supreme Court of the State of New York

Decided February 15, 1905PublishedCited by 11 opinions

Appeal by the plaintiff, The Niagara Fire Insurance Company •of the City of New .York, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the •county of New York on the 28th day of March, 1904, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.

1Opinion of the Court

Ingraham, J.:

Upon the trial, at the end of the plaintiff’s case, the defendant moved to dismiss the complaint. This motion was denied. The •defendant then entered upon its case and introduced its evidence, •and when the defendant rested, there being no testimony in rebuttal, the defendant again moved to dismiss the complaint; which motion was granted.

We have several times called attention to the impropriety of •such a motion after the evidence of both parties has been taken. A dismissal of a complaint in an action at law, under our practice, is equivalent to a nonsuit, which in effect is a…

2Cited by11 opinions

  1. Caruso v. Metropolitan 5 to 50 Cent StoreAppellate Division of the Supreme Court of the State of New York · 1925
  2. Boss v. HutchinsonAppellate Division of the Supreme Court of the State of New York · 1918
  3. Sabatino v. Thomas Crimmins Construction Co.New York Supreme Court · 1918
  4. Lehigh Valley R. v. QuereauCourt of Appeals for the Second Circuit · 1923
  5. People ex rel. Nolan v. PrendergastNew York Supreme Court · 1914

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