Hamilton v. Marine Journal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Marine Journal Company, from a judgment of the Municipal Court of the city of Hew York, borough of Brooklyn, in favor, of the plaintiff, rendered on the 7th day of November, 1010.
1Opinion of the Court
Burr, J.:
The pleadings in this case were oral. The return fails to show either the substance of plaintiff’s complaint as required by the Municipal Court Act (Laws of 1902, chap. 580, § 145, as amd. by Laws of 1908, chap. 495), or the facts constituting his cause of action. (See § 149.) It simply says, “ Complaint Action on contract.” This is insufficient. ( Weiner v. Yale Knitting Mills, 138 App. Div. 533.) From a bill of particulars filed by plaintiff and subsequently amended, it appears that a written contract of employment was entered into between plaintiff and defendant on March 10, 1902;…
2Cases cited1 opinion
- Weiner v. Yale Knitting MillsAppellate Division of the Supreme Court of the State of New York · 1910