American Label Co. v. Kander

Appellate Terms of the Supreme Court of New York

American Label Co. v. Kander

93 N.Y.S. 1108

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 23, 1905

StatusPublished

This text of 93 N.Y.S. 1108 (American Label Co. v. Kander) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Label Co. v. Kander, 93 N.Y.S. 1108 (N.Y. Ct. App. 1905).

Pincite

Opinion

SCOTT, P. J.

The contract, as testified to by plaintiff’s salesman, was that one-half of the labels were to be delivered when finished, and the remainder six months afterwards. He also testified that the first delivery, which has been paid for, was made about May 14th, which would make the second delivery due about November 14th; and it was incumbent upon the plaintiff to show that it delivered or was ready to deliver the balance of the order at that time. It failed to do this, and thereby failed to sustain the burden of proof necessary to justify the judgment.

The judgment and order must be reversed, and a new trial granted, with costs to appellant to abide the event. All concur.

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SCOTT, P. J.

The contract, as testified to by plaintiff’s salesman, was that one-half of the labels were to be delivered when finished, and the remainder six months afterwards. He also testified that the first delivery, which has been paid for, was made about May 14th, which would make the second delivery due about November 14th; and it was incumbent upon the plaintiff to show that it delivered or was ready to deliver the balance of the order at that time. It failed to do this, and thereby failed to sustain the burden of proof necessary to justify the judgment.

The judgment and order must be reversed, and a new trial granted, with costs to appellant to abide the event. All concur.

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Bluebook (online)

93 N.Y.S. 1108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-label-co-v-kander-nyappterm-1905.