Soltz v. Newmark

Appellate Terms of the Supreme Court of New York

Soltz v. Newmark

84 N.Y.S. 283

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 22, 1903

StatusPublished

This text of 84 N.Y.S. 283 (Soltz v. Newmark) 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

Soltz v. Newmark, 84 N.Y.S. 283 (N.Y. Ct. App. 1903).

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Opinion

PER CURIAM.

The complaint is based upon two accounts alleged to have been stated between one Barnett N. Rod and defendant firm, and the assignment of Rod’s claims to the plaintiff. The answer of the defendants, among other things, denies these, allegations. At the trial the plaintiff clearly failed to establish the statement of either of the accounts sued upon within the rules applicable to such a cause of action, and the complaint was properly dismissed at the close of his case. But the dismissal should not have been upon .the merits.

Judgment modified by striking out the words “upon the merits thereof,” and, as thus modified, affirmed, without costs to either party upon the appeal.

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PER CURIAM.

The complaint is based upon two accounts alleged to have been stated between one Barnett N. Rod and defendant firm, and the assignment of Rod’s claims to the plaintiff. The answer of the defendants, among other things, denies these, allegations. At the trial the plaintiff clearly failed to establish the statement of either of the accounts sued upon within the rules applicable to such a cause of action, and the complaint was properly dismissed at the close of his case. But the dismissal should not have been upon .the merits.

Judgment modified by striking out the words “upon the merits thereof,” and, as thus modified, affirmed, without costs to either party upon the appeal.

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Bluebook (online)

84 N.Y.S. 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/soltz-v-newmark-nyappterm-1903.