Weber Bunke Lange Coal Co. v. Chellborg
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Cornelius S. Chellborg, doing business as C. S. Chellborg & Co., from .part of a judgment of the ■Supreme Court in favor of the defendant, entered in' the 'office.'of the clerk of the county of Mew York on the 10th day of March, 1910, upon the dismissal of the complaint, by direction of the court, after a trial at the Mew York Trial Term.
1Opinion of the Court
McLaughlin, J.:
Action to recover the purchase price of goods sold and delivered. The court denied defendant’s motion to dismiss the complaint, made' at the close of plaintiff’s case, and at the close of the whole case assumed to dismiss the complaint, without costs. The- dismissal, in effect, amounted to the direction of a verdict for the defendant. Judgment was entered accordingly, and defendant, appeals from so much thereof as adjudged “ that the defendant recover no costs of this action.” - ■
The right to costs is statutory and depends in the present case , on the provisions of sections…
2Cases cited1 opinion
- Murthey v. BurkeAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by1 opinion
- Nunnery v. Bobrose Developments, Inc.City of New York Municipal Court · 1937