| N.Y. App. Div. | Jan 15, 1910
Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event, .upon the grounds that the court had no power to dismiss the complaint on the merits before defendant rested; that plaintiff made a “prima facie” case, and that judgment could .not have been rendered for the .defendant in the absence of evidence establishing defendant’s right to the money. Jenks, Burr, Thomas, Rich and Carr, JJ., concurred.