Hallahan v. Carpenter

Appellate Terms of the Supreme Court of New York

Hallahan v. Carpenter

125 N.Y.S. 517

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 11, 1910

StatusPublished

This text of 125 N.Y.S. 517 (Hallahan v. Carpenter) 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

Hallahan v. Carpenter, 125 N.Y.S. 517 (N.Y. Ct. App. 1910).

Pincite

Opinion

PAGE, J.

The plaintiffs, as assignees, sued on a claim for room rent and sundries alleged to be due to the proprietors of a hotel. The evidence of the assignment was a statement of one of the plaintiffs that all the hotel accounts had been assigned to them and that this claim appeared upon the books. . The bookkeeper, who had been employed by the plaintiffs, testified that he prepared a bill from the books and presented it. to the defendant, who stated it was all wrong. The books were in court, but were not offered in evidence; nor was any proof given as to the facts upon which the claim was based. There was, therefore, a complete failure of proof, and defendant’s motion to dismiss the complaint should have been granted.

The judgment should be reversed, and a new trial ordered, with costs to the appellant to abide the event. All concur.

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PAGE, J.

The plaintiffs, as assignees, sued on a claim for room rent and sundries alleged to be due to the proprietors of a hotel. The evidence of the assignment was a statement of one of the plaintiffs that all the hotel accounts had been assigned to them and that this claim appeared upon the books. . The bookkeeper, who had been employed by the plaintiffs, testified that he prepared a bill from the books and presented it. to the defendant, who stated it was all wrong. The books were in court, but were not offered in evidence; nor was any proof given as to the facts upon which the claim was based. There was, therefore, a complete failure of proof, and defendant’s motion to dismiss the complaint should have been granted.

The judgment should be reversed, and a new trial ordered, with costs to the appellant to abide the event. All concur.

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Bluebook (online)

125 N.Y.S. 517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hallahan-v-carpenter-nyappterm-1910.