Globe Lithographing Co. v. Bimberg

Appellate Terms of the Supreme Court of New York

Globe Lithographing Co. v. Bimberg

92 N.Y.S. 768

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 21, 1905

StatusPublished

This text of 92 N.Y.S. 768 (Globe Lithographing Co. v. Bimberg) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Globe Lithographing Co. v. Bimberg, 92 N.Y.S. 768 (N.Y. Ct. App. 1905).

Pincite

Opinion

PER CURIAM.

The issues in this case involved purely questions •of fact, upon which both parties gave conflicting testimony. .At the ■close of the entire case the court below reserved its decision, but •finally rendered a judgment in favor of the defendants, dismissing the plaintiff’s complaint with costs. This was error. Such a disposition ■of the case is to be taken as a nonsuit. The parties are entitled to a judgment upon the merits, and this court cannot be called upon to determine the issues presented, or the weight of evidence bearing thereon, until the same has been passed upon by the court below. Schlesinger v. Jud, 61 App. Div. 453, 70 N. Y. Supp. 616; Johnson v. Duncan, 98 App. Div. 322, 90 N. Y. Supp. 660.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The issues in this case involved purely questions •of fact, upon which both parties gave conflicting testimony. .At the ■close of the entire case the court below reserved its decision, but •finally rendered a judgment in favor of the defendants, dismissing the plaintiff’s complaint with costs. This was error. Such a disposition ■of the case is to be taken as a nonsuit. The parties are entitled to a judgment upon the merits, and this court cannot be called upon to determine the issues presented, or the weight of evidence bearing thereon, until the same has been passed upon by the court below. Schlesinger v. Jud, 61 App. Div. 453, 70 N. Y. Supp. 616; Johnson v. Duncan, 98 App. Div. 322, 90 N. Y. Supp. 660.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

Cite This Page — Counsel Stack

Bluebook (online)

92 N.Y.S. 768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/globe-lithographing-co-v-bimberg-nyappterm-1905.

Opinion

Related

Cite This Page — Counsel Stack