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30 Misc. 765

Kamsler v. Schaefer

Appellate Terms of the Supreme Court of New York · decided 1899-12-15

Appeal by the plaintiff from a judgment in favor of the defendant, rendered in the Municipal Court, fourth district, borough of Manhattan.

Decided 1899-12-15

MacLean, J.

¶1It is possible that the plaintiff would have given proof to support his assertion herein, that a balance was due him for goods sold and delivered to the defendant, had counsel been at pains to question him about the facts; but in the absence of evidence to support the plaintiff’s claim, there remained nothing for the learned justice below but to render judgment for the defendant, as he did, which judgment should be affirmed.

¶2Freedman, P. J., and Leventbitt, J., concur.

¶3Judgment affirmed, with costs.

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