Hotel Woodward Co. v. Ford Motor Co.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by the Hotel Woodward Company against the Ford Motor Compaii)’. There was a judgment dismissing the complaint, and plaintiff brings error. Writ of error to judgment entered in the District Court for the Southern District of New York. Yery little of an unnecessarily voluminous record was necessary to present the legal questions involved.
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In Error to the District Court of the United States for the Southern District of New York. Action by the Hotel Woodward Company against the Ford Motor Compaii)’. There was a judgment dismissing the complaint, and plaintiff brings error. Writ of error to judgment entered in the District Court for the Southern District of New York. Yery little of an unnecessarily voluminous record was necessary to present the legal questions involved. Plaintiff here and below is a corporation of Now York; it keeps a hotel, and will be hereinafter called “hotel company.” Defendant here and below is a corporation…
1Opinion of the Court
HOUGH, Gircuit Judge
(after stating the facts as above). [1, 2] One matter of procedure justifies preliminary attention. The trial judge dismissed the complaint after having heard all the evidence adduced by both parties. It is clear from the record that the court ordered a dismissal instead of directing a verdict for the defendant because plaintiff’s trial counsel insisted that nothing more than a dismissal was proper under the New York Code of Civil Procedure.
This was a mistake in form; a dismissal (not upon the merits) is a nonsuit, but where, after hearing all the evidence, the trial judge…
2Cases cited34 opinions
- Wayman v. SouthardSupreme Court of the United States · 1825
- Pritchard v. NortonSupreme Court of the United States · 1882
- Sanders v. Pottlitzer Bros. Fruit Co.New York Court of Appeals · 1894
- Crane v. . PowellNew York Court of Appeals · 1893
- St. Louis, Vandalia & Terre Haute Railroad v. Terre Haute & Indianapolis RailroadSupreme Court of the United States · 1892
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3Cited by20 opinions
- Scheck v. FrancisNew York Court of Appeals · 1970
- In Re BarnettCourt of Appeals for the Second Circuit · 1926
- Ford Motor Co. v. Hotel Woodward Co.Court of Appeals for the Second Circuit · 1921
- Schwartz v. United Merchants & Manufacturers, Inc.Court of Appeals for the Second Circuit · 1934
- Irving Trust Co. v. Maryland Casualty Co.Court of Appeals for the Second Circuit · 1936
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