Warden v. Goldman
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, borough of Manhattan, third district, in favor of the plaintiff, after a trial by the court without a jury.
1Dissent
Lehman, J. (dissenting).
The plaintiff herein brought an action for the sum of $643 upon a complaint alleging a breach of contract obtained by fraud. The defendant answered without objecting to the jurisdiction of the court, and he appeared at the trial and failed to raise any objection when the plaintiff put in his evidence. The defendant offered no evidence, but made a motion to dismiss the complaint for failure to prove fraud. The plaintiff then announced “ The total amount is $616.54. I will take judgment for $500.”
A judgment was thereupon entered for $500' in favor of the plaintiff, and…
2Cases cited10 opinions
- McMahon v. . RauhrNew York Court of Appeals · 1871
- Meyers v. . American Locomotive Co.New York Court of Appeals · 1911
- Heffron v. JenningsAppellate Division of the Supreme Court of the State of New York · 1901
- Bunker v. LangsNew York Supreme Court · 1894
- Gormly v. McIntoshNew York Supreme Court · 1856
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