Regulus Cigar Co. v. Flannery

Appellate Terms of the Supreme Court of New York

Regulus Cigar Co. v. Flannery

105 N.Y.S. 95

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 27, 1907

StatusPublished

This text of 105 N.Y.S. 95 (Regulus Cigar Co. v. Flannery) 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

Regulus Cigar Co. v. Flannery, 105 N.Y.S. 95 (N.Y. Ct. App. 1907).

Pincite

Opinion

PER CURIAM.

An examination of the record shows that the plaintiff failed in its proof, and for that reason alone the defendant’s motion to dismiss the complaint should have been granted. The learned trial justice, however, gave a judgment in favor of the defendant.

The judgment should be modified, by directing that the action be dismissed, with costs, without prejudice to a new action, and, as modified, affirmed, without costs of this appeal.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

An examination of the record shows that the plaintiff failed in its proof, and for that reason alone the defendant’s motion to dismiss the complaint should have been granted. The learned trial justice, however, gave a judgment in favor of the defendant.

The judgment should be modified, by directing that the action be dismissed, with costs, without prejudice to a new action, and, as modified, affirmed, without costs of this appeal.

Cite This Page — Counsel Stack

Bluebook (online)

105 N.Y.S. 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/regulus-cigar-co-v-flannery-nyappterm-1907.