Eidlin v. State Bank

Appellate Terms of the Supreme Court of New York

Eidlin v. State Bank

107 N.Y.S. 53

Appellate Terms of the Supreme Court of New York·Decided November 29, 1907·Published

Opinion

PER CURIAM.

The proof on the part of the plaintiff was not sufficient to entitle him to a judgment. A motion to dismiss the com[54] plaint, made by the defendant’s counsel upon substantially that ground, was denied. The defendant thereupon rested, and the court gave a judgment for the defendant upon the merits. This was error. The defendant was entitled only to a judgment dismissing the complaint for failure of proof. Bowen v. Farley, 113 App. Div. 767, 99 N. Y. Supp. 205; Ætna Life Ins. Co. v. Deparquet Co., 53 Misc. Rep. 581, 103 N. Y. Supp. 800.

Judgment modified, by directing judgment for a dismissal of the complaint without prejudice to a new action, and, as modified, affirmed, without costs of this appeal to either party.

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PER CURIAM.

The proof on the part of the plaintiff was not sufficient to entitle him to a judgment. A motion to dismiss the com[54] plaint, made by the defendant’s counsel upon substantially that ground, was denied. The defendant thereupon rested, and the court gave a judgment for the defendant upon the merits. This was error. The defendant was entitled only to a judgment dismissing the complaint for failure of proof. Bowen v. Farley, 113 App. Div. 767, 99 N. Y. Supp. 205; Ætna Life Ins. Co. v. Deparquet Co., 53 Misc. Rep. 581, 103 N. Y. Supp. 800.

Judgment modified, by directing judgment for a dismissal of the complaint without prejudice to a new action, and, as modified, affirmed, without costs of this appeal to either party.

Eidlin v. State Bank, 107 N.Y.S. 53 (N.Y. Ct. App. 1907).

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Opinion

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