Monarch Mining Co. v. Laughlin

146 N.Y.S. 1068
Appellate Terms of the Supreme Court of New York·Decided April 14, 1914·Published·Cited by 2 cases

Opinion

BIJUR, J.

This action was brought against a surety on an undertaking on appeal from the Municipal Court to this court. As the complaint does not allege compliance with section 1309 of the Code of Civil Procedure, the judgment on the pleadings should have been for the defendant, instead of the plaintiff.

Judgment reversed, and new trial granted, with costs to appellant to abide the event. All concur.

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Monarch Mining Co. v. Laughlin, 146 N.Y.S. 1068 (N.Y. Ct. App. 1914).

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