Meyer v. Christiansen — 140 N.Y.S. 1131

Majority

p. 1131

MEYER v. CHRISTIANSEN et al.

(Supreme Court, Appellate Term, First Department.

March 7, 1913.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Anton H. Meyer, as assignee for the benefit of creditors of the United States Restaurant & Realty Company, against Ernst L. A. Christiansen and others. From a judgment dismissing the complaint on the merits after a trial by the court without a jury, plaintiff appeals. Modified. See, also, 146 App. Div. 114 , 130 N. Y. Supp. 606 . William F. McCombs, of New York City, for appellant. Frank E. Loughran, of New York City, for respondent Kragh. William Kaufman, of New York City, for respondent Lind.

As no evidence was introduced which proved, or from which it can be inferred, that defendant Kragh authorized Porsth to bind him to pay the cost of the entire dinner, the complaint should have been dismissed, without prejudice to a new action at the close of plaintiff’s case, in response to the motion to that effect then made. The judgment is therefore modified accordingly, and,, as so modified, affirmed, without costs of this appeal to either party. All concur.