Hyperlawhypertext legal database Falk v. R. R. Appleton Co. 62 N.Y.S. 1136

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Falk v. R. R. Appleton Co.

62 N.Y.S. 1136 Court N.Y. City Ct. Decision date 1900-03-02 English

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p. 1136
FALK, Appellant, v. R. R. APPLETON CO., Respondent.
(City Court of New York, General Term.
March 2, 1900.)

Headnote

Action by Benno Falk against the R. R. Appleton Company. From a judgment dismissing complaint, with costs, ' plaintiff appeals. Reversed. Wayland E. Benjamin, for appellant. Chittenden & Fiero, for respondent.

The proof offered of the written assignment was competent, but, even without that proof, there was sufficient evidence in the case of the assignment, without regard to the written instrument, and it was for the alleged failure of this proof that the complaint was dismissed. This was error, which requires that the judgment be reversed. Judgment reversed, and new trial ordered, with costs to appellant to abide event.