Cahill v. Lichtenstadter

Appellate Terms of the Supreme Court of New York

Cahill v. Lichtenstadter

35 Misc. 833, 72 N.Y.S. 1096

Appellate Terms of the Supreme Court of New York·Decided June 15, 1901·Published

Opinion

Per Curiam.

The evidence sufficiently establishes a prima facie case. The truck had painted upon it the words, “ M. Lichtenstadter, 54th Street and 1st Avenue.” It was loaded with what appeared to be flour barrels. Defendant was engaged in the flour business at 986 First avenue, near Fifty-fourth street. The facts established were sufficient to- put defendant upon his proof. Doherty v. Lord, 8 Misc. Rep. 227; Seaman v. Koehler, 122 N. Y. 646.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment reversed and new trial ordered, with costs.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The evidence sufficiently establishes a prima facie case. The truck had painted upon it the words, “ M. Lichtenstadter, 54th Street and 1st Avenue.” It was loaded with what appeared to be flour barrels. Defendant was engaged in the flour business at 986 First avenue, near Fifty-fourth street. The facts established were sufficient to- put defendant upon his proof. Doherty v. Lord, 8 Misc. Rep. 227; Seaman v. Koehler, 122 N. Y. 646.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment reversed and new trial ordered, with costs.

Cahill v. Lichtenstadter, 35 Misc. 833, 72 N.Y.S. 1096 (N.Y. Ct. App. 1901).

Pincite

35 Misc. 833 (Cahill v. Lichtenstadter) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related