Appellate Terms of the Supreme Court of New York, 1900

Rosenstein v. Cohn

Appellate Terms of the Supreme Court of New York · Decided May 15, 1900

31 Misc. 774; 64 N.Y.S. 1147

Counsel

David E. Grossman, for appellant., Walter J. Rosenstein, for respondent.

Per Curiam.

The complaint, originally for goods sold and delivered, was amended at the trial so as to be for damages through breach of contract.

There was no evidence of delivery, and none of any damage.

The judgment must, therefore, be reversed and a new trial granted, with costs to the appellant to abide the event.

Present: Teuax, P. J., Scott and Dugbo, JJ.

Judgment reversed, and new trial granted, with costs to appellant to abide event.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.