Public-domain · open source
OpenJurist

116 N.Y.S. 15

Pfaelzer v. Gassner

Appellate Terms of the Supreme Court of New York · decided 1909-03-29

Action by Morris F. Pfaelzer against Leopold Gassner for services. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.

Reversed · Decided 1909-03-29

DAYTON, J. (dissenting).

¶1Defendant failed to produce his books pursuant to notice, nor did he introduce any testimony. Indeed, the record discloses a persistent effort on the part of the defense to evade, 'and at the same time to confuse, the issue. Plaintiff established a prima facie case, mainly upon secondary evidence, to the ■ satisfaction of the jury. The errors complained of were not prejudicial to defendant.

¶2The judgment should be affirmed, with costs.

/116/nys/15 · .json · Public domain