Thalmann v. Lewis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Ladd J. Lewis, Jr., and another, copartners, etc., from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 26th day of October, 1906, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 1st day of November, 1906, denying the said defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Clarke, J.:
The complaint is substantially similar to the complaint in Thalmann v. Capron Knitting Co. (100 App. Div. 247; affd., 182 N. Y. 525), where it was held to. state a cause of action.
In the case of Thalmann v. Giles (116 App. Div. 437), upon a similar complaint, this court reversed a judgment entered upon a verdict directed by the court after a trial. It was there pointed out that in the Capron Knitting Co. case, which arose upon demurrer, all the facts pleaded were admitted and that those facts constituted a cause of action. In the Giles case the plaintiffs failed to prove all of the…
2Cases cited3 opinions
- Thalmann v. . Capron Knitting CompanyNew York Court of Appeals · 1905
- Thalmann v. Capron Knitting Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Thalmann v. GilesAppellate Division of the Supreme Court of the State of New York · 1906