Neugrass v. Thorner
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seyenth District. Action by Frederick Neugrass and another against Jacob Thorner. From a judgment for defendant, plaintiffs appeal.
1Opinion of the CourtBijur, J.
This action was brought originally for the purchase price of clothing under a .contract between plaintiffs, and defendant. The complaint, however, with defendant’s consent, was amended so as to change the cause of action to one for work, labor, and material furnished.
It is unnecessary to analyze the voluminous testimony adduced on the trial, in view of the erroneous judgment ultimately rendered.
At the close of plaintiffs’ testimony, defendant’s counsel moved to dismiss, which motion was granted. Plaintiffs’ counsel inquired on what ground, and the reply of the court was, “Failure of proof.”…
2Cases cited1 opinion
- Kieffer v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1900
3Cited by1 opinion
- Neugass v. ThornerAppellate Terms of the Supreme Court of New York · 1911