Legal Opinion

Scheinholtz v. Platt

Appellate Terms of the Supreme Court of New York

Decided February 9, 1911Published

Appeal from Municipal Court, Borough of Manhattan, Third District. Submission of controversy on agreed facts between Rebecca Scheinholtz, professionally known as “Becky Wood,” as plaintiff, and Edward T. Platt, as treasurer of the United States Express Company, as defendant. From a judgment for plaintiff, defendant appeals.

1Per curiam

This case comes before this court upon an agreed statement of facts, signed by the attorneys for the respective parties herein. This statement, however, is not accompanied by an affidavit, made by one of the parties, in compliance with section 241 of the Municipal Court act (Laws 1902, c. 580), and the court was therefore without jurisdiction to render a judgment. Lax v. Fourteenth Street Store, 49 Misc. Rep. 627, 97 N. Y. Supp. 396; Pollock v. Platt, 49 Misc. Rep. 635, 97 N. Y. Supp. 990; Herz v. Illinois Surety Co., 123 N. Y. Supp. 808.

Judgment reversed, without costs, and a new trial…

2Cases cited3 opinions

  1. Lax v. Fourteenth Street StoreAppellate Terms of the Supreme Court of New York · 1906
  2. Pollock v. PlattAppellate Terms of the Supreme Court of New York · 1906
  3. Herz v. Illinois Surety Co.Appellate Terms of the Supreme Court of New York · 1910

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