New York Architectural Terra Cotta Co. v. Eden

City of New York Municipal Court

New York Architectural Terra Cotta Co. v. Eden

23 N.Y.S. 349

DecidedMay 9, 1893

StatusPublished

This text of 23 N.Y.S. 349 (New York Architectural Terra Cotta Co. v. Eden) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

New York Architectural Terra Cotta Co. v. Eden, 23 N.Y.S. 349 (N.Y. Super. Ct. 1893).

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Opinion

FITZSIMOHS, J.

The testimony submitted establishes a sale, delivery, and use by defendant of the terra cotta mentioned in the order of defendant, dated 19th of July, 1889, by plaintiff to defendant. It does not vary from the allegation of the comnlaint, and sustains the same; sufficient facts were presented by said testimony to warrant its submission to the jury for consideration. It was therefore error for the trial justice tor dismiss the complaint. Judgment reversed, and a new trial ordered, with costs to appellant, to abide event of action.

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FITZSIMOHS, J.

The testimony submitted establishes a sale, delivery, and use by defendant of the terra cotta mentioned in the order of defendant, dated 19th of July, 1889, by plaintiff to defendant. It does not vary from the allegation of the comnlaint, and sustains the same; sufficient facts were presented by said testimony to warrant its submission to the jury for consideration. It was therefore error for the trial justice tor dismiss the complaint. Judgment reversed, and a new trial ordered, with costs to appellant, to abide event of action.

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Bluebook (online)

23 N.Y.S. 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-architectural-terra-cotta-co-v-eden-nynyccityct-1893.