Torres v. Rogers
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment rendered in the Municipal Court, second district, borough of Manhattan, in favor of the defendant, dismissing the plaintiff’s complaint.
1Opinion of the CourtFreedman, P. J.
At the close of the testimony on the part of the plaintiff in this case, the court below, on its own motion,, dismissed the complaint, on the ground that there was shown to be a copartnership existing between the parties. On this appeal, therefore, the plaintiff is entitled to the benefit of every fact that the court could have found from the evidence given, and to every legitimate inference warranted by the proofs. McNally v. Phoenix Ins. Co., 137 N. Y. 389.
The action was brought in replevin to obtain the possession of four machines called projectographs.
The defendant admitted in his answer…
2Cases cited1 opinion
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
3Cited by1 opinion
- Abramson v. BrimbergAppellate Terms of the Supreme Court of New York · 1910