Multz v. Price
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Solomon Multz, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 2d day of July, 1903, upon the decision of the court, rendered after a trial at- the New York Special Term, dismissing the plaintiff’s complaint upon the merits.
1Opinion of the Court
Hatch, J. :
The decision, of the learned trial court was in the short form authorized by the provisions of section 1022 of the Code of Civil Procedure prior to its amendment in 1903 (Laws of 1903, chap. 85). *117The decision was rendered prior to the time when the amendment of 1903 took effect and, consequently, was then authorized to be made in that form. (See Laws of 1895, chap. 946.) In review of the decision, therefore, this court is required to review all questions of fact and of law and may grant such a judgment to either party as the facts warrant without ordering a new trial. (Harding v.…
2Cases cited6 opinions
- White v. . BenjaminNew York Court of Appeals · 1896
- Fritz v. WordenAppellate Division of the Supreme Court of the State of New York · 1897
- Taylor v. KleinAppellate Division of the Supreme Court of the State of New York · 1900
- Johnstone v. O'ConnorAppellate Division of the Supreme Court of the State of New York · 1897
- Multz v. PriceAppellate Division of the Supreme Court of the State of New York · 1903
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