Bennett v. Austro-Americana Steamship Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Anthony 0. Bennett, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 16th day of April, 1912, upon the dismissal of the complaint by direction of the court at the close of the case.
1Opinion of the Court
Carr, J.:
On the trial of this action the complaint was dismissed by the trial court at the close of the defendant’s evidence, and judgment was entered accordingly, from which the plaintiff appeals. The only question involved in the case before us is whether, considering the plaintiff’s proofs in their most favorable aspect, he has made out a cause of action. He is a nonresident of the State, the defendant is a foreign corporation, and the facts set forth in the complaint happened and the action was brought before the recent amendment to section 1780 of the Code of Civil Procedure. (See Laws…
2Cases cited6 opinions
- New Jersey Steamboat Co. v. BrockettSupreme Court of the United States · 1887
- Chamberlain v. ChandlerU.S. Circuit Court for the District of Massachusetts · 1823
- Dusenbury v. . KeileyNew York Court of Appeals · 1881
- Dusenbury v. KeileyNew York Court of Common Pleas · 1880
- Huggins v. TolerCourt of Appeals of Kentucky · 1866
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3Cited by3 opinions
- Johnston v. MacFadden Newspapers Corp.Appellate Division of the Supreme Court of the State of New York · 1933
- Bennett v. Austro-American S. S. Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Fairclough v. Southern Pac. Co.New York Supreme Court · 1915