Hoffman House v. . Foote
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 4, 1900, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. ■ The nature of the action and the facts, so far as material, are stated in the opinion, The instrument of March 18, 1895, and the payment of the money in accordance therewith to the plaintiff constituted the plaintiff trustee.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 4, 1900, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. ■ The nature of the action and the facts, so far as material, are stated in the opinion, The instrument of March 18, 1895, and the payment of the money in accordance therewith to the plaintiff constituted the plaintiff trustee. (Morse v. Morse, 85 N. Y. 53 ; Gilman v. McArdle, 99 N. Y. 451; Day v. Roth, 18 N. Y. 448 ; Matter of Carpenter, 131 N. Y. 86 ;…
1Opinion of the CourtO’Brien, J.
The plaintiff’s complaint was dismissed at the trial, and this appeal is from the affirmance of that judgment. It seems to us that the judgment rests upon grounds so narrow and technical that the appeal should be sustained and the parties remitted to a trial of the case in the regular and ordinary way.
The issues in the case, if any, were triable by jury; but, after the plaintiff’s counsel had opened the case to the jury, the learned trial judge granted a motion made by the defense for the dismissal of the complaint, and so the complaint was dismissed from what appears upon the face of the…
2Cases cited7 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Woodward v. . JamesNew York Court of Appeals · 1889
- Morse v. . MorseNew York Court of Appeals · 1881
- Day v. . RothNew York Court of Appeals · 1858
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3Cited by64 opinions
- Runkel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1953
- Gilbert v. RothschildNew York Court of Appeals · 1939
- De Vito v. KatschAppellate Division of the Supreme Court of the State of New York · 1990
- Farnham v. Lenox Motor Car Co.Massachusetts Supreme Judicial Court · 1918
- In re MeekerNew York Surrogate's Court · 1929
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