59 N.Y.S. 385 | N.Y. App. Div. | 1899
The complaint in this action was dismissed at the trial “ on the ground that the plaintiff had not made out a cause of action.” The
A cause of action was proven, and the judgment appealed from should be reversed, with costs to abide the event.
Van Brunt. P. J., Barrett, Ingraham and McLaughlin, JJ., concurred.
Judgment reversed, new trial ordered, costs to appellant to abide event.