Bass v. Williamsburgh City Fire Ins.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth District. Actions by Joseph Bass against the Williamsburgh City Fire Insurance Company, against the Phoenix Insurance Company, and against the Royal Exchange Insurance Company. From judgments, dismissing the complaints without prejudice after a trial without a jury, plaintiff appeals. Affirmed.
1DissentBijur, J.
I dissent. At the outset, plaintiff appellant raises an interesting point of practice. As this trial reached a late hour in the evening, it was suggested that if plaintiff would offer no further evidence, but would rest, defendant would move to dismiss the complaint, the court would reserve its decision on that motion, but if it denied the same the defendant would “rest again and rely on a renewal of that motion as though made at the close of the entire case.” The learned trial judge ultimately dismissed the complaint without prejudice.
The appellant now contends, citing Schlesinger v. Jud, 61…
2Cases cited7 opinions
- Claflin v. Commonwealth InsuranceSupreme Court of the United States · 1884
- Schlesinger v. JudAppellate Division of the Supreme Court of the State of New York · 1901
- Sternfeld v. Park Fire InsuranceNew York Supreme Court · 1888
- Anibal v. Insurance Co. of North AmericaAppellate Division of the Supreme Court of the State of New York · 1903
- Bowen v. FarleyAppellate Division of the Supreme Court of the State of New York · 1906
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