Dose v. Hirsch Bros.
Appellate Terms of the Supreme Court of New York
Appeal hy the plaintiff from a judgment of the City Court of the city of Hew York dismissing the complaint.
1Opinion of the CourtGiegerich, J.
The plaintiff sues as administrator for the recovery of moneys alleged to have been lent by his intestate to the defendants. The complaint alleges the making of the loans and their non-payment. The answer contains a general denial and also sets up the defense of payment.
The plaintiff was unable to prove non-payment at the trial ■ and at the conclusion of his case the defendants moved for a nonsuit, upon the ground that no cause of action had been made out, and the motion was granted. This was upon the theory that the burden was upon the plaintiff to prove non-payment, and this was error. In…
2Cases cited4 opinions
- Conkling v. . WeatherwaxNew York Court of Appeals · 1905
- Cochran v. ReichNew York Supreme Court · 1895
- Hicks-Alixanian v. WaltonAppellate Division of the Supreme Court of the State of New York · 1897
- Isham v. . DavidsonNew York Court of Appeals · 1873
3Cited by3 opinions
- Bell v. GrimstadMontana Supreme Court · 1928
- Gamble v. Lewis, New York County Courts1914
- Ives v. Male, New York County Courts1912