Reitman v. Neulander

Appellate Terms of the Supreme Court of New York

Reitman v. Neulander

31 Misc. 770, 64 N.Y.S. 349

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 15, 1900

StatusPublished

This text of 31 Misc. 770 (Reitman v. Neulander) 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

Reitman v. Neulander, 31 Misc. 770, 64 N.Y.S. 349 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Ouriam.

The plaintiff offered no evidence of a demand upon the maker; the only paper offered in evidence according to the return was the note. The evidence upon a former trial and the exhibits used at that trial are in the return, but to no purpose. The evidence did not warrant a judgment upon the merits; there was simply a failure of proof. The judgment is, therefore, modified so that the action is dismissed without prejudice to a new action, and as modified, is affirmed, without costs.

Present: Truax, P. J., Scott and Dugro, JJ.

Judgment modified, and as modified, affirmed, without costs.

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Per Ouriam.

The plaintiff offered no evidence of a demand upon the maker; the only paper offered in evidence according to the return was the note. The evidence upon a former trial and the exhibits used at that trial are in the return, but to no purpose. The evidence did not warrant a judgment upon the merits; there was simply a failure of proof. The judgment is, therefore, modified so that the action is dismissed without prejudice to a new action, and as modified, is affirmed, without costs.

Present: Truax, P. J., Scott and Dugro, JJ.

Judgment modified, and as modified, affirmed, without costs.

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Bluebook (online)

31 Misc. 770, 64 N.Y.S. 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reitman-v-neulander-nyappterm-1900.