New York City Car Advertising Co. v. E. Regensburg & Sons, Inc.

Finch, J.:

An examination of the defendant upon most of the issues sought was properly ordered, since upon these issues the plaintiff has the affirmative, either because of the nature of the cause of action, or because the plaintiff has assumed the burden by reason of the structure of its pleading. For example, the plaintiff ordinarily would not have the affirmative of showing payment. Where, however, plaintiff has alleged certain payments, resulting in a balance due, which allegations are put in issue by the defendant, plaintiff then has the affirmative of showing the payments made on…