Hyperlawhypertext legal database Johnt v. Stone 144 N.Y.S. 1122

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Johnt v. Stone

144 N.Y.S. 1122 Court N.Y. App. Div. Decision date 1913-11-19 English

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p. 1122
JOHNT, Respondent, v. STONE, Appellant.
(Supreme Court, Appellate Division, Fourth Department.
November 19, 1913.)

Headnote

Action by Catherine C. Johnt against Sarah 0. Stone.

Judgment and order reversed, with costs. Held, that a verdict should not have been directed for the plaintiff;' that, at best, the case made by the plaintiff was for the jury. A new trial should not be granted, for the reason that the order denying defendant’s motion to dismiss the complaint for unreasonable delay in prosecuting the action should be reversed, and the complaint dismissed. See, also, 144 N. Y. Supp. 1122.