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Caminez v. Sussman Brothers Company

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1910
138 App. Div. 920 (N.Y. App. Div. 1910)

Opinion

May, 1910.


Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event, upon the ground that the answer raises an issue as to the presentation and notice of dishonor of the check in suit, and judgment upon the pleadings should not have been directed. ( Cassel v. Regierer, 114 N.Y. Supp. 601.) The failure to obtain an order directing the issues to be tried was waived by the plaintiff. ( Tautphoeus v. Harbor Suburban Assn., 96 App. Div. 23; Blenderman v. Bellis Co., 64 Misc Rep. 65.) The appeal from the order denying the motion to set aside the judgment is dismissed, without costs. Jenks, Burr, Thomas, Rich and Carr, JJ., concurred.


Summaries of

Caminez v. Sussman Brothers Company

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1910
138 App. Div. 920 (N.Y. App. Div. 1910)
Case details for

Caminez v. Sussman Brothers Company

Case Details

Full title:Jacob Caminez, Respondent, v. Sussman Brothers Company, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 1, 1910

Citations

138 App. Div. 920 (N.Y. App. Div. 1910)
123 N.Y.S. 1109