¶1Judgment affirmed, with costs. The plaintiff, suing on an assigned claim, *919failed to offer evidence that the damages which he sought to recover had been sustained by his assignor. The motion to dismiss called this defect in the proof to the attention of the plaintiff’s counsel. Jenks, P. J., Thomas, Carr, Rich and Stapleton, JJ., concurred.
156 A.D. 918
Koerner v. Balteransky
Appellate Division of the Supreme Court of the State of New York
Decided April 15, 1913
Appellate Division of the Supreme Court of the State of New York · decided 1913-04-15
Decided 1913-04-15