Shafarman v. Loman
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, fifth district, borough of Manhattan. Action for goods sold.
1Per curiam
At the close of the plaintiff’s case a motion was made by the counsel for the defendant to dismiss the complaint, which was granted without further remark by the trial justice. No grounds whatever were specified for the motion, nor was any reason therefor given by the trial justice in announcing his decision. "We are, therefore, bound to consider all the evidence in the case in a manner and from a standpoint most favorable to the support of the plaintiff’s claim, and to uphold the decision of the trial court only where it is apparent that the plaintiff’s case is utterly destitute of any legal…
2Cases cited1 opinion
- Costello v. HerbstAppellate Terms of the Supreme Court of New York · 1896