¶1Although there are findings of fact made, we are of opinion that the complaint was dismissed for failure of proof. The findings are modified accordingly, and the judgment amended so as to dismiss the complaint without prejudice, instead of on the merits. As so modified the judgment is unanimously affirmed, without costs. Present — Kelly, P. J., Rich, Jaycox, Manning and Kapper, JJ.
206 A.D. 719
Peters v. Petersen
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1923
Appellate Division of the Supreme Court of the State of New York · decided 1923-05-15
Decided 1923-05-15