Myers v. Polhemus
New York Supreme Court
Appeal from judgment on report of referee. Action by John R: Myers and others against Josephine Polhemus to recover the value of a quantity of ice alleged to have been sold to defendant. The complaint was dismissed on the merits, and plaintiffs appeal. Reversed.
1Opinion of the CourtPutnam, J.
On the trial before the referee, the defendant did not offer any testimony or rest her case, but, at the close of plaintiffs7 evidence, moved to dismiss the complaint on the ground, among others, that the plaintiffs had failed to make out a cause of action. As far as the record discloses, no other proceedings were had in the action until the referee dismissed the complaint upon the merits, with costs. Had the referee denied the motion to dismiss, the defendant would have had the right to offer evidence in her own behalf upon the issues raised by the pleadings. It will be seen that the case is…
2Cases cited3 opinions
- Place v. . HaywardNew York Court of Appeals · 1889
- Forbes v. ChichesterNew York Court of Appeals · 1891
- Terry v. HorneNew York Supreme Court · 1891
3Cited by1 opinion
- Lambuth v. Stetson & Post, Mill Co.Washington Supreme Court · 1896