Ellenborger v. Slocum
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Abram Ellenborger against Wallace W. Slocum and another. Prom a judgment dismissing the complaint on the merits, plaintiff appeals.
1Opinion of the Court
BIJUR, J;
The complaint in this action evidently fails to state a cause of action. Had plaintiff’s counsel, on the settlement of the order for judgment, below, followed the procedure indicated by Mr. Justice Greenbaum in Cappadonna v. Illinois Surety Co., 123 N. Y. Supp. 341, namely, submitted an affidavit showing additional facts which he would plead, if allowed to amend, it would have'1 been easier to determine his right to be allowed to plead anew. This rule, however, while highly practical and commendable, is not exclusive. The Appellate Division has held that the motion for judgment under…
2Cases cited4 opinions
- Clark v. LevyAppellate Division of the Supreme Court of the State of New York · 1909
- Schleissner v. GoldstickerAppellate Division of the Supreme Court of the State of New York · 1909
- Simpson v. DutcherNew York Supreme Court · 1910
- Cappadonna v. Illinois Surety Co.New York Supreme Court · 1910