Legal Opinion · Concurrence
Cochran Cotton-Seed Oil Co. v. Kugelman
New York Court of Common Pleas
Decided April 2, 1894Published
Appeal from seventh district court. Action by Cochran Cotton-Seed Oil Company against Julius A. Kugelman for goods sold and delivered. From a judgment in favor of plaintiff, rendered by the justice without a jury, defendant appeals. Affirmed.
1ConcurrenceGiegerich, J.
I concur in the reasoning and conclusion reached by Judge BISCHOFF upon this appeal. In my opinion, it was incumbent upon the defendant to prove that the costs imposed upon the discontinuance of the former action had not been *42paid. See Tracy v. Tracy, 59 Hun, 1, 12 N. Y. Supp. 665; Lent v. Railway Co., 130 N. Y. 504, 29 N. E. 988. In the absence of such proof, the judgment should be affirmed, with costs.
2Cases cited2 opinions
- Lent v. New York & Massachusetts Railway Co.New York Court of Appeals · 1892
- Tracy v. TracyNew York Supreme Court · 1891