Wagner Trading Co. v. Radillo

Appellate Division of the Supreme Court of New York

Wagner Trading Co. v. Radillo

205 A.D. 833

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 15, 1923

StatusPublished

Cited by3 cases

This text of 205 A.D. 833 (Wagner Trading Co. v. Radillo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wagner Trading Co. v. Radillo, 205 A.D. 833 (N.Y. Ct. App. 1923).

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Opinion

Per Curiam:

The complaint was dismissed at the close of plaintiff’s case for failure of proof, and, therefore, it was improper to enter a judgment dismissing the complaint upon the merits. The judgment should be modified by striking out the words “ upon the merits,” and as so modified affirmed, without costs. Present — Clarke, P. J., Dowling, Page, Merrell and Finch, JJ. Judgment modified by striking out the words “ upon the merits,” and as so modified affirmed, without costs.

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Per Curiam:

The complaint was dismissed at the close of plaintiff’s case for failure of proof, and, therefore, it was improper to enter a judgment dismissing the complaint upon the merits. The judgment should be modified by striking out the words “ upon the merits,” and as so modified affirmed, without costs. Present — Clarke, P. J., Dowling, Page, Merrell and Finch, JJ. Judgment modified by striking out the words “ upon the merits,” and as so modified affirmed, without costs.

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Bluebook (online)

205 A.D. 833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wagner-trading-co-v-radillo-nyappdiv-1923.

Opinion

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