National Surety Co. v. President & Directors of The Manhattan Co.

Appellate Division of the Supreme Court of New York

National Surety Co. v. President & Directors of The Manhattan Co.

225 A.D. 849

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1929·Published

Opinion

Judgment affirmed, with costs to the defendant President and Directors of the Manhattan Company against the plaintiff. No opinion. Present — Dowling, P. J., Merrell, McAvoy and Proskauer, JJ.; Proskauer, J., dissents on the ground that, although the defendants’ legal position is entirely sound, it was error to dismiss the complaint before the plaintiff had rested and after the court had reserved decision on the plaintiff’s motion to strike out the defenses, with a privilege to the defendants’ counsel to introduce further evidence if his motion were denied. [133 Misc. 48.]

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Judgment affirmed, with costs to the defendant President and Directors of the Manhattan Company against the plaintiff. No opinion. Present — Dowling, P. J., Merrell, McAvoy and Proskauer, JJ.; Proskauer, J., dissents on the ground that, although the defendants’ legal position is entirely sound, it was error to dismiss the complaint before the plaintiff had rested and after the court had reserved decision on the plaintiff’s motion to strike out the defenses, with a privilege to the defendants’ counsel to introduce further evidence if his motion were denied. [133 Misc. 48.]

National Surety Co. v. President & Directors of The Manhattan Co., 225 A.D. 849 (N.Y. Ct. App. 1929).

Pincite

225 A.D. 849 (National Surety Co. v. President & Directors of The Manhattan Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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