Jackson v. American Cigar Box Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the American Cigar Box Company, from a judgment of the Supreme Court in favor, of the plaintiff, entered in the office of the clerk of the county of New York on the 30th day of December, 1909, upon the decision of the court rendered after a trial at the New York Trial Term before the court without a jury.
1DissentMcLaughlin, J.
It seems to me that substantially the same question here presented was passed upon by this court in Jackson v. Erkins (131 *198App. Div. 801). That decision was' binding upon the trial court and for that reason judgment was properly directed for the plaintiff.
I am unable, therefore, to concur in, the prevailing opinion and dissent therefrom.,
Clarke, J., concurred.
Judgment reversed, with costs, and judgment ordered for defend-. ant dismissing complaint, with costs.
2Cases cited1 opinion
- Jackson v. ErkinsAppellate Division of the Supreme Court of the State of New York · 1909