Gottlieb v. Peck & Mack Co.

Appellate Terms of the Supreme Court of New York

Gottlieb v. Peck & Mack Co.

119 N.Y.S. 616

Procedural entryThis page is a short order in Gottlieb v. Peck & Mack Co.. Read the opinion of the Court — 125 N.Y.S. 829 →

Appellate Terms of the Supreme Court of New York·Decided November 30, 1909·Published

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.

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

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