Jones v. Gould
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John S. Jones, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16th day of January, 1911.
1Dissent
Miller, J. (dissenting):
The appeal to the Court of Appeals took up for review only the proceedings originating in the motion for judgment on the plead*247ings. But for tire fact that tire last decision of this court was made on the authority of the first (133 App. Div. 889), the Court of Appeals would not even have been informed by the record before it that there had been a trial and a judgment for the plaintiff reversed by this court. That judgment was reversed for insufficiency of the complaint and for failure of proof (123 A]ip. Div. 236), and the verdict upon which it was entered has not been…
2Cases cited1 opinion
- Merkel v. LazardAppellate Division of the Supreme Court of the State of New York · 1910