Glyn v. Title Guarantee & Trust Co.
Appellate Division of the Supreme Court of the State of New York
' Appeal "by the plaintiff, Mary E. H. Glyn, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 21st day of Decernher, 1908, upon, tlie dismissal of the complaint by direction of the _ court at the opening on .a trial at the New York Trial Term.
1Opinion of the Court
Scott, J.:, The complaint was dismissed at the trial before any evidence was introduced. This amounted practically to sustaining a demurrer to the complaint for insufficiency, and was erroneous if, in any aspect, upon the facts stated in the complaint, the plaintiff was entitled to any recovery. (Abbott v. Easton, 195 N. Y. 372.) From the judgment entered upon the -dismissal the plaintiff appeals. The complaint attempts to state two causes of action. It sets forth that in November, 1904, plaintiff contracted to buy from one Weed the premises known as No. 47 East Sixty-fifth street in the city…
2Cases cited5 opinions
- Kidd v. . McCormickNew York Court of Appeals · 1881
- Abbott v. . EastonNew York Court of Appeals · 1909
- Ehmer v. . Title Guarantee Trust Co.New York Court of Appeals · 1898
- Laraway v. . PerkinsNew York Court of Appeals · 1852
- Van Horn v. StuyvesantNew York Supreme Court · 1906
3Cited by18 opinions
- Overholtzer v. Northern Counties Title InsuranceCalifornia Court of Appeal · 1953
- L. Smirlock Realty Corp. v. Title Guarantee Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Kentucky Title Company v. HailCourt of Appeals of Kentucky (pre-1976) · 1927
- Lake Havasu Community Hospital, Inc. v. Arizona Title InsuranceCourt of Appeals of Arizona · 1984
- Beaullieu v. Atlanta Title & Trust Co.Court of Appeals of Georgia · 1939
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