Bromley v. Dauer

Appellate Terms of the Supreme Court of New York

Bromley v. Dauer

153 N.Y.S. 1107

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 13, 1915

StatusPublished

This text of 153 N.Y.S. 1107 (Bromley v. Dauer) 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

Bromley v. Dauer, 153 N.Y.S. 1107 (N.Y. Ct. App. 1915).

Pincite

Opinion

PENDLETON, J.

The action is to recover the agreed price of a book sold. The whole question is whether there was sufficient evidence to sustain the action. The only witness for plaintiff was a collector, who knew nothing about the sale. His testimony failed to prove any sale, and defendant testified the book was left on approval. The motion to dismiss should have been granted. Judgment reversed, and new trial ordered, with costs to appellant to abide the event. All concur.

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PENDLETON, J.

The action is to recover the agreed price of a book sold. The whole question is whether there was sufficient evidence to sustain the action. The only witness for plaintiff was a collector, who knew nothing about the sale. His testimony failed to prove any sale, and defendant testified the book was left on approval. The motion to dismiss should have been granted. Judgment reversed, and new trial ordered, with costs to appellant to abide the event. All concur.

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Bluebook (online)

153 N.Y.S. 1107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bromley-v-dauer-nyappterm-1915.