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New York Supreme Court, 1892

Steele v. Wells

Steele v. Wells
New York Supreme Court · Decided November 18, 1892
20 N.Y.S. 736; 49 N.Y. St. Rep. 646 (New York Supplement)

Counsel

Wm. M. Safford, for appellants. Frank Sullivan Smith, (C. Walter Artz, of counsel,) for respondents Dick and another. Simpson, Thacher & Barnum, (Thomas Thacher, of counsel,) for respondent committee.

Steele v. Wells

Opinion of the Court

Per Curiam.

The case of Brooks v. Dick, (Sup.) 17 N. Y. Supp. 259, was controlling upon the justice at special term, but, as the dismissal was upon the opening of the plaintiffs’ counsel, it was erroneous to dismiss the complaint upon the merits. The judgment should be modified so as to direct a simple dismissal of the complaint, and, as thus modified, it is affirmed, without costs on this appeal.

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