Tribune Ass'n v. Eisner & Mendelson Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Tribune Association, from that portion of a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 11th day of May, 1901, upon the decision of the court rendered after a trial before the court without a jury, as amended nunc pro tunc by an order entered in said clerk’s office on the 31st day of May, 1901, which dismisses the plaintiff’s-first cause of action upon the merits.
Read the full summary
Appeal by the plaintiff, The Tribune Association, from that portion of a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 11th day of May, 1901, upon the decision of the court rendered after a trial before the court without a jury, as amended nunc pro tunc by an order entered in said clerk’s office on the 31st day of May, 1901, which dismisses the plaintiff’s-first cause of action upon the merits. Also, an appeal by the -defendant, Eisner & Mendelson Company, from so much of said judgment as dismisses the defendant’s counterclaim upon the…
1Opinion of the Court
Laughlin, J.:
The complaint contains two causes of action and the answer interposes a counterclaim. The case was tried before the court, a jury trial having been waived. The decision directed the dismissal of the complaint upon the merits as to the first cause of action and also a dismissal of the counterclaim upon the merits and granted judgment for the plaintiff upon its second cause of action.- The plaintiff appeals from the judgment in so far as its first cause of action is dismissed, and defendant appeals from that part of the judgment dismissing its counterclaim and awarding a recovery…
2Cases cited4 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Weeks v. . O'BrienNew York Court of Appeals · 1894
- Smith v. . WetmoreNew York Court of Appeals · 1901
- Gatling v. Central Spar VereinAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by3 opinions
- Grant v. Pratt & LambertAppellate Division of the Supreme Court of the State of New York · 1903
- Jankowitz v. Manhattan Swiss Embroidery Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Grant v. Pratt & LambertAppellate Division of the Supreme Court of the State of New York · 1903