McLaughlin v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Adelaide M. McLaughlin, as execu-trix, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 10th day of April, 1912, upon the dismissal of the complaint by direction of the court at the close of the case after a trial before the court and jury at the Queens County Trial Term.
1Opinion of the Court
*518Judgment affirmed, with costs, upon the opinion of Mr. Justice Kapper at Trial Term.
Jerks, P. J., Burr, Thomas, Carr and Putram, JJ., concurred.
The following is the opinion of Mr. Justice Kapper:
Kapper, J.:
At the close of the trial, the court, being of the opinion that the facts were undisputed, ruled that the cause should not be submitted to the jury but that judgment would be directed for the plaintiff or . the defendant, after consideration, as the law of the case required. To this procedure no objection was interposed!"
The action is to recover $74,707.85 for services performed by one…
2Cases cited5 opinions
- In the Matter of the Petition of CrugerNew York Court of Appeals · 1881
- People Ex Rel. Davidson v. . GilonNew York Court of Appeals · 1891
- Matter of MunnNew York Court of Appeals · 1900
- People ex rel. Crane v. AhearnAppellate Division of the Supreme Court of the State of New York · 1908
- People ex rel. McLaughlin v. PrendergastNew York Supreme Court · 1910
3Cited by1 opinion
- N. P. Nelson Iron Works, Inc. v. BerryAppellate Division of the Supreme Court of the State of New York · 1933