Eidlin v. State Bank
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of the Bronx, Second District. Action by Meier Eidlin against the State Bank. From a Municipal Court judgment in favor of defendant, plaintiff appeals. Modified and affirmed.
1Per curiam
The proof on the part of the plaintiff was not sufficient to entitle him to a judgment. A motion to dismiss the com*54plaint, made by the defendant’s counsel upon substantially that ground, was denied. The defendant thereupon rested, and the court gave a judgment for the defendant upon the merits. This was error. The defendant was entitled only to a judgment dismissing the complaint for failure of proof. Bowen v. Farley, 113 App. Div. 767, 99 N. Y. Supp. 205; Ætna Life Ins. Co. v. Deparquet Co., 53 Misc. Rep. 581, 103 N. Y. Supp. 800.
Judgment modified, by directing judgment for a dismissal of…
2Cases cited2 opinions
- Bowen v. FarleyAppellate Division of the Supreme Court of the State of New York · 1906
- Aetna Line Insurance v. Duparquet, Huot & Moneuse Co.New York Supreme Court · 1907