Wanamaker v. Butler Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Hiram E. Wanamaker,. from a judgment of the Supreme .Court in. favor of the defendant, entered in the office of .the clerk of the county of Onondaga on the 30th day of April, 1909, upon the dismissal of the' complaint by' direction of the court on the opening- upon a trial at the Onondaga Trial Term, and also from an order made on the 12tli day of April, 1909, directing' the dismissal of the complaint.
1Opinion of the Court
Williams, J.:
The order and judgment should be reversed and a new trial granted, with costs to the appellanf'to abide event..
The action was upon a written lease to recover damages for a breach thereof. The case was called for trial, a jury impaneled and the plaintiff opened. Thereupon the motion to dismiss the complaint was made. After some discussion by counsel, the plaintiff asked leave to amend the complaint, which was granted, and. thereafter the order appealed from was made. Some evidence was offered by plaintiff, but that was immaterial here, as all the allegations of the complaint as…
2Cases cited3 opinions
- Appleton v. . MarxNew York Court of Appeals · 1908
- Abbott v. . EastonNew York Court of Appeals · 1909
- Lehmaier v. JonesAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by5 opinions
- King v. Richards-Cunningham Co.Wyoming Supreme Court · 1934
- Avelez Hotel Corp. v. Milner Hotels, Inc.Mississippi Supreme Court · 1956
- Norman S. Riesenfeld, Inc. v. R. W. Realty Co.City of New York Municipal Court · 1926
- Dolid v. Leatherkraft Corp.New Jersey Superior Court Appellate Division · 1956
- Hudson Avenue Drive-In Inc. v. M & L Amusement Corp.New York Supreme Court · 1962