Ducas v. Loonen

Appellate Division of the Supreme Court of New York

Ducas v. Loonen

158 A.D. 915, 143 N.Y.S. 1114

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 15, 1913

StatusPublished

This text of 158 A.D. 915 (Ducas v. Loonen) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ducas v. Loonen, 158 A.D. 915, 143 N.Y.S. 1114 (N.Y. Ct. App. 1913).

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Opinion

Per Curiam:

We think that the evidence adduced by the plaintiff established a prima facie case, and it was error to dismiss the complaint. The letter of the attorney for the plaintiff, written after the commencement of the action, was incompetent to destroy the cause of action, and was improperly admitted unless set up by way of supplemental pleading. The judgment should be reversed and a new trial ordered, with costs to appellant to abide the event. Present —Ingraham, P. J., Laughlin, Scott, Dowling and Hotchkiss, JJ. Dowling, J., dissented. Judgment reversed and new trial ordered, with costs to appellant to abide event. Order to be settled on notice.

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Per Curiam:

We think that the evidence adduced by the plaintiff established a prima facie case, and it was error to dismiss the complaint. The letter of the attorney for the plaintiff, written after the commencement of the action, was incompetent to destroy the cause of action, and was improperly admitted unless set up by way of supplemental pleading. The judgment should be reversed and a new trial ordered, with costs to appellant to abide the event. Present —Ingraham, P. J., Laughlin, Scott, Dowling and Hotchkiss, JJ. Dowling, J., dissented. Judgment reversed and new trial ordered, with costs to appellant to abide event. Order to be settled on notice.

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Bluebook (online)

158 A.D. 915, 143 N.Y.S. 1114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ducas-v-loonen-nyappdiv-1913.