Cullen v. Battle Island Paper Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by'the plaintiff, Richard. J. .Cullen, from- a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of St. Lawrence on the 14th day of June, 1906, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case upon a trial at the St. Lawrence Trial Term.
1Opinion of the Court
Kellogg, J.:
The complaint alleged a hiring for three years, performance by plaintiff, and that the defendant had refused to perform said contract, and was indebted $1,000 thereon. At the close of the evidence defendant moved to dismiss the complaint upon the ground that the action was for wages, and not damages, and the proof shows there is nothing due for wages. Thereupon the plaintiff-asked leave to amend his complaint, which was denied upon the' ground that the court had not authority to make-the amendment, to which plaintiff.excepted. The complaint was thereupon dismissed.
The evidence did…
2Cases cited2 opinions
- Milage v. . WoodwardNew York Court of Appeals · 1906
- Martin v. . Home BankNew York Court of Appeals · 1899
3Cited by2 opinions
- Cullen v. Battle Island Paper Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Leslie v. GroverAppellate Division of the Supreme Court of the State of New York · 1909