Legal Opinion

LeRoy v. Tremper

Appellate Division of the Supreme Court of the State of New York

Decided January 31, 1944PublishedCited by 2 opinions

1Per curiam

The proof that license plates, the property of respondents, were upon the car concerned in the accident estab*388listed prima facie that the automobile was owned and controlled by them and that the operator was engaged in their business at the time. (Ferris v. Sterling, 214 N. Y. 249.) This proof, however, was fully and completely overcome by respondents’ evidence, which showed that the car was not then and never had been owned by them; that it was owned and operated by defendant Harold Barton; that defendant Alfred Barton, who was employed by respondents as' a handy man, took the license plates…

2Cases cited7 opinions

  1. Ferris v. . SterlingNew York Court of Appeals · 1915
  2. McDonald v. DundonMassachusetts Supreme Judicial Court · 1922
  3. Rathfelder v. FlagAppellate Division of the Supreme Court of the State of New York · 1939
  4. Rathfelder v. FlagNew York Court of Appeals · 1939
  5. Buono v. Stewart Motor Trucks, Inc.Appellate Division of the Supreme Court of the State of New York · 1942

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3Cited by2 opinions

  1. Reese v. ReamoreNew York Court of Appeals · 1944
  2. Mitchell v. Auto Buyers, Inc.Appellate Division of the Supreme Court of the State of New York · 1974

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