Legal Opinion

West Publishing Co. v. Gluck

Appellate Terms of the Supreme Court of New York

Decided November 15, 1915Published

Appeal from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, in favor of the defendant upon a counterclaim entered upon a directed verdict and also from certain interlocutory orders.

1Opinion of the CourtPage, J.

The action was for the foreclosure of a “ lien ” upon a conditional sales agreement. At the conclusion of the plaintiff’s case defendant moved to dismiss the complaint. In the course of the argument, as appears from a statement of the justice’s conclusions, inserted in the record but not a part of the stenographer’s minutes, the defendant’s counsel made certain statments of facts which were conceded by the counsel for the plaintiff. Upon these the trial judge dismissed the complaint and directed a verdict for the defendant for the amount paid by the defendant on account of the books.

The…

2Cases cited1 opinion

  1. Quattrone v. SimonAppellate Terms of the Supreme Court of New York · 1914

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