Rothenberg v. Rosenberg
New York Supreme Court
Appeal by the plaintiff from a judgment of the City Court of the city of blew York, entered upon the verdict of a jury in favor of the defendant, rendered by direction of the court.
1Opinion of the CourtSeabury, J.
The plaintiff, a plumber, sued to recover damages for the breach of a contract, under which he agreed to do plumbing work and furnish materials. The complaint alleges that, while the plaintiff was in the act of performing the contract, the defendant prevented him from continuing his work. At the close of the case, it was evident that the plaintiff had failed to sustain by evidence the allegations of his complaint. Such being the case, the court should have dismissed the complaint. This course, however, was ' not adopted. The learned trial justice directed a verdict for the defendant. The…
2Cases cited2 opinions
- Briggs v. . WaldronNew York Court of Appeals · 1881
- Dennison v. MusgraveCity of New York Municipal Court · 1897
3Cited by2 opinions
- Henderson Tire & Rubber Co. v. P. K. Wilson & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1922
- Rothfuss v. H. J. Koehler Sporting Goods Co.Appellate Terms of the Supreme Court of New York · 1911