Legal Opinion

Margolys v. Mollenick

Appellate Terms of the Supreme Court of New York

Decided February 15, 1906PublishedCited by 2 opinions

Appeal from Municipal Court, Borough of Manhattan, Fifth District. , . . , . . Action by Henry Margolys and another, partners doing business under the name of H. Margolys & Co., against Sarah Mollenick. From a judgment for plaintiffs, defendant appeals.

1Per curiam

We think the evidence of the assignment was sufficient, especially as no specification of any defect in that respect was made in the motion to dismiss, when there was still an opportunity for the plaintiffs to give further evidence on the point. The same may be said of the claim that there was not sufficient evidence that the work for which $100 was awarded was done for the defendant.

There is no merit in the contention that it was error to admit evidence that the plaintiffs’ assignor went into possession on November 1st instead of October 1st, which latter, date was provided for in the…

2Cited by2 opinions

  1. Allied Chemical Corp. v. Alpha Portland Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
  2. Matanuska Valley Farmers Cooperating Ass'n v. MonaghanCourt of Appeals for the Ninth Circuit · 1951

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