Bodenmann Mfg. Co. v. Lesser
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by the Bodenmann Manufacturing Company against Myron Lesser, doing business as the Riverside Manufacturing Company. From a Municipal Court judgment for plaintiff, defendant appeals.
1Per curiam
Plaintiff proved by its salesman a sale by sample, and failed to prove that the goods were up to sample. Defendant then put his father on the stand, who testified that the goods were not up to sample. This evidence was uncontradicted. The court then ruled as follows:
‘‘Judgment for the plaintiff. The burden of proving that the goods were not up to sample rests upon the defendant, and I do not think he has sustained the burden of proof, and I believe the plaintiff.”
The ruling as to the burden of proof was erroneous (Rosenstein v. Casein Mfg. Co., 50 Misc. Rep. 345, 98 N. Y. Supp. 645), and…
2Cases cited1 opinion
- Rosenstein v. Casein Manufacturing Co.Appellate Terms of the Supreme Court of New York · 1906