Appellate Terms of the Supreme Court of New York, 1913

Meyer v. Christiansen

Meyer v. Christiansen
Appellate Terms of the Supreme Court of New York · Decided March 7, 1913 · Bijur
140 N.Y.S. 1131; 1913 N.Y. App. Div. LEXIS 5499 (New York Supplement)
Meyer v. Christiansen

Opinion of the Court

BIJUR, J.

As no evidence was introduced which proved, or from which it can be inferred, that defendant Kragh authorized Porsth to bind him to pay the cost of the entire dinner, the complaint should have been dismissed, without prejudice to a new action at the close of plaintiff’s case, in response to the motion to that effect then made. The judgment is therefore modified accordingly, and,, as so modified, affirmed, without costs of this appeal to either party. All concur.

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