Gordon v. Benguiat
Appellate Terms of the Supreme Court of New York
.Ippbal by plaintiff: from a judgment of the City Court of the city of New York, dismissing the complaint upon the merits.
1Opinion of the Court
Bijur, J,
It is evident at the outset that on the record the dismissal should have been merely for failure of proof and not upon the merits, and that the judgment would have to be modified accordingly; but that is of no importance, because, in my opinion, the judgment should be reversed for error of law.
Blaintiff sued as the holder of a promissory note payable two months after date at a fixed place. The only defendants served with process were the makers. The answer in its denials raises no issue material to the question raised on this appeal except an implied denial that the note was duly…
2Cases cited4 opinions
- Baldwin's Bank of Penn Yan v. SmithNew York Court of Appeals · 1915
- Hills v. . PlaceNew York Court of Appeals · 1872
- Ocean National Bank of N.Y. v. . FantNew York Court of Appeals · 1872
- Field v. SibleyAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Perry v. LloydCity of New York Municipal Court · 1934
- In re the Estate of MorrellNew York Surrogate's Court · 1962