Kirkman v. Carlstadt Chemical Co.
Appellate Terms of the Supreme Court of New York
Appeal from a judgment rendered in favor of the plaintiff in the Municipal Court of the city of New York, eleventh district, borough of Manhattan.
1Opinion of the CourtScott, J.
The plaintiff sues the defendants jointly upon two separately stated causes of action, demanding a judgment of fifty dollars upon each cause of action. The first cause of action was dismissed without objection oh the part of the plaintiff,- leaving the action one for fifty dollars against the defendants jointly. No motion was made to amend the complaint with respect to the amount sued for. As the judgment was for one hundred dollars, with costs, it must in any event be modified. It remains to be considered whether or not it should be altogether reversed. The action was for the statutory…
2Cases cited1 opinion
- Lozier v. Saratoga Gas, Electric Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1901