Appellate Terms of the Supreme Court of New York, 1914

Monarch Mining Co. v. Laughlin

Appellate Terms of the Supreme Court of New York · Decided April 14, 1914 · Bijur

146 N.Y.S. 1068 (New York Supplement)

Counsel

Philip J. Dunn, of New York City, for appellant., Clarence A. Appleton, of New York City, for respondent.

Opinion of the Court

BIJUR, J.

This action was brought against a surety on an undertaking on appeal from the Municipal Court to this court. As the complaint does not allege compliance with section 1309 of the Code of Civil Procedure, the judgment on the pleadings should have been for the defendant, instead of the plaintiff.

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

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