From Casetext: Smarter Legal Research

Ducas v. Loonen

Appellate Division of the Supreme Court of New York, First Department
Oct 1, 1913
158 App. Div. 915 (N.Y. App. Div. 1913)

Opinion

October, 1913.

Present — Ingraham, P.J., Laughlin, Scott, Dowling and Hotchkiss, JJ. Dowling, J., dissented.


We think that the evidence adduced by the plaintiff established a prima facie case, and it was error to dismiss the complaint. The letter of the attorney for the plaintiff, written after the commencement of the action, was incompetent to destroy the cause of action, and was improperly admitted unless set up by way of supplemental pleading. The judgment should be reversed and a new trial ordered, with costs to appellant to abide the event.


Judgment reversed and new trial ordered, with costs to appellant to abide event. Order to be settled on notice.


Summaries of

Ducas v. Loonen

Appellate Division of the Supreme Court of New York, First Department
Oct 1, 1913
158 App. Div. 915 (N.Y. App. Div. 1913)
Case details for

Ducas v. Loonen

Case Details

Full title:BENJAMIN P. DUCAS, Appellant, v . ROBERT LOONEN, Respondent

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

Date published: Oct 1, 1913

Citations

158 App. Div. 915 (N.Y. App. Div. 1913)