Caminez v. Sussman Bros.

Appellate Division of the Supreme Court of New York

Caminez v. Sussman Bros.

138 A.D. 920, 123 N.Y.S. 1109

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1910·Published

Opinion

Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event, upon the ground that the answer raises an issue as to -the presentation and notice of dishonor of the check in suit, and judgment upon the pleadings should not have been directed. (Cassel v. Regierer, 114 N. Y. Supp. 601.) The failure to obtain an order directing the issues to be tried was waived by the plaintiff. (Tautphoeus v. Harbor & Suburban Assn., 96 App. Div. 23; Blenderman v. Bellis Co., 64 Misc. Rep. 65.) The appeal from the order denying the motion1 to set aside, the judgment is dismissed, without costs. Jenks, Burr, Thomas, Rich and Carr, JJ., concurred.

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Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event, upon the ground that the answer raises an issue as to -the presentation and notice of dishonor of the check in suit, and judgment upon the pleadings should not have been directed. (Cassel v. Regierer, 114 N. Y. Supp. 601.) The failure to obtain an order directing the issues to be tried was waived by the plaintiff. (Tautphoeus v. Harbor & Suburban Assn., 96 App. Div. 23; Blenderman v. Bellis Co., 64 Misc. Rep. 65.) The appeal from the order denying the motion1 to set aside, the judgment is dismissed, without costs. Jenks, Burr, Thomas, Rich and Carr, JJ., concurred.

Caminez v. Sussman Bros., 138 A.D. 920, 123 N.Y.S. 1109 (N.Y. Ct. App. 1910).

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Opinion

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