David Gilmour Door Co. v. Shea
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The David Gilmour Door Company from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk off the county of Mew York On the 30th day of October, 1911, upon "the dismissal of the complaint by direction of the court at the opening of a trial at the Mew York Special Term.
1Dissent
Laughlin, J. (dissenting):
The complaint was dismissed without affording the appellant an opportunity to offer any evidence thereunder, and, therefore, the sole question presented is whether it states a cause of action.
The plaintiff shows that it duly recovered a judgment in the Supreme Court in the county of Erie against the defendants Daniel and Ralph Shollenberger for the sum of $8Y5.06; that the judgment was duly docketed and on the 2d day of April, 1911, a transcript thereof was duly filed and the judgment was duly docketed in the office of the clerk of the county of Mew-York, where the…
2Cases cited2 opinions
- Cohen v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Stetson v. HopperAppellate Division of the Supreme Court of the State of New York · 1901