Kirkman v. Carlstadt Chemical Co.
Appellate Terms of the Supreme Court of New York
Appeal from municipal court, borough of Manhattan, Eleventh district. Action by Samuel J. Kirkman against the Carlstadt Chemical Company and another. From a judgment for plaintiff, defendants appeal.
1Opinion of the CourtScott, J.
The plaintiff sues the defendants jointly upon two separately stated causes of action, demanding a judgment of $50 upon each cause of action. The first cause of action was dismissed without objection on the part of the plaintiff, leaving the action one for $50 against the defendants jointly. No motion was made to amend the complaint with respect to the amount sued for. As the judgment was for $100, with costs, it must, in any event, be modified. It remains to be considered whether or not it should be altogether reversed. The action was for the statutory penalty for a refusal to permit the…
2Cases cited1 opinion
- Lozier v. Saratoga Gas, Electric Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1901