Regulus Cigar Co. v. Flannery

Appellate Terms of the Supreme Court of New York

Regulus Cigar Co. v. Flannery

105 N.Y.S. 95

Appellate Terms of the Supreme Court of New York·Decided June 27, 1907·Published

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.

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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.

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

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105 N.Y.S. 95 (Regulus Cigar Co. v. Flannery) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.