Gottlieb v. Peck & Mack Co.

Appellate Terms of the Supreme Court of New York

Gottlieb v. Peck & Mack Co.

119 N.Y.S. 616

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 30, 1909

StatusPublished

This text of 119 N.Y.S. 616 (Gottlieb v. Peck & Mack Co.) 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

Gottlieb v. Peck & Mack Co., 119 N.Y.S. 616 (N.Y. Ct. App. 1909).

Pincite

Opinion

PER CURIAM.

It seems to us that the complaint states a good cause of action. The proof of plaintiff’s cáse depends upon the question whether the record of the earlier trial will show that the jury made an allowance of $217- upon the offer of the defendant to return goods of that value. Where the complaint states a cause of action, the Mu[617]*617nicipal Court has no power to grant judgment on the pleadings and to deprive the plaintiff of his right to a trial.

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

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PER CURIAM.

It seems to us that the complaint states a good cause of action. The proof of plaintiff’s cáse depends upon the question whether the record of the earlier trial will show that the jury made an allowance of $217- upon the offer of the defendant to return goods of that value. Where the complaint states a cause of action, the Mu[617]*617nicipal Court has no power to grant judgment on the pleadings and to deprive the plaintiff of his right to a trial.

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

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Bluebook (online)

119 N.Y.S. 616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gottlieb-v-peck-mack-co-nyappterm-1909.