Legal Opinion
Monarch Mining Co. v. Laughlin
Appellate Terms of the Supreme Court of New York
Decided April 14, 1914PublishedCited by 2 opinions
Municipal Court, Borough of the Bronx, Second District. Action by the Monarch Mining Company against William Laughlin and Edward T. Mulligan. From a judgment for plaintiff, defendant Mulligan appeals.
1Opinion of the CourtBijur, J.
This action was brought against a surety on an undertaking on appeal from the Municipal Court to this court. As the complaint does not allege compliance with section 1309 of the Code of Civil Procedure, the judgment on the pleadings should have been for the defendant, instead of the plaintiff.
Judgment reversed, and new trial granted, with costs to appellant to abide the event. All concur.
2Cited by2 opinions
- Wasserman v. MaslonAppellate Terms of the Supreme Court of New York · 1930
- North Side Hoisting Co. v. Southern Surety Co.Appellate Terms of the Supreme Court of New York · 1916