Friedman v. Lederer
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Fannie Friedman and another against Hugo L. Lederer. From a judgment for plaintiffs, and from an order refusing a new trial, defendant appeals.
1Opinion of the CourtGerard, J.
The complaint alleges a cause of action for the purchase price of certain goods, alleged to have been sold and delivered by plaintiffs to defendant, and which consisted of 60 dresses. The sale was by sample. This was conceded, and the order was for “sixty (60) dresses like sample—blue.” The trial court charged the jury that the burden of proof was on the defendant to show that the goods *434did not come up to sample. This was error, which materially injured defendant. Rosenstein v. Casein Mfg. Co., 50 Misc. Rep. 345, 347, 98 N. Y. Supp. 645.
Because of this error the judgment must be reversed, and…
2Cases cited1 opinion
- Rosenstein v. Casein Manufacturing Co.Appellate Terms of the Supreme Court of New York · 1906