John Turl's Sons, Inc. v. Williams Engineering & Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Williams Engineering and Contracting Company, from an order, of the Supreme Court, made at the Orange Trial Term and entered in the office of the cleric of the county of Orange on the 13th day of April, 1909, setting aside the verdict of a jury' in favor of the defendant and granting a new trial.
1Opinion of the Court
Burr, J.:
Plaintiff brings this action as the assignee of Joseph E. Kennedy to recover the purchase price of a concrete mixer manufactured for the defendant by said Kennedy. The jury rendered a verdict for the defendant, and the learned justice presiding at the Trial Term set the verdict aside and granted plaintiff’s motion for a new trial for errors in the charge as to the burden of proof.' The jury were told that “ the burden of proving that this machine was ordered and sold without any warranty, without any representation, rests upon the plaintiff, and that means that the plaintiff must…
2Cases cited8 opinions
- Hoe v. . SanbornNew York Court of Appeals · 1860
- De Witt v. BerrySupreme Court of the United States · 1890
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Baldwin v. . Van DeusenNew York Court of Appeals · 1868
- Blunt v. . BarrettNew York Court of Appeals · 1891
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3Cited by6 opinions
- Staff v. Lido Dunes, Inc.New York Supreme Court · 1965
- Mitler v. FriedebergNew York Supreme Court · 1961
- In re the Estate of MeadNew York Surrogate's Court · 1932
- Cowen Co. v. Houck Mfg. Co.Court of Appeals for the Second Circuit · 1918
- Bennett v. PiscitelloAppellate Division of the Supreme Court of the State of New York · 1940
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