Kamsler v. Schaefer

Appellate Terms of the Supreme Court of New York

Kamsler v. Schaefer

30 Misc. 765, 61 N.Y.S. 1139

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 15, 1899

StatusPublished

This text of 30 Misc. 765 (Kamsler v. Schaefer) 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

Kamsler v. Schaefer, 30 Misc. 765, 61 N.Y.S. 1139 (N.Y. Ct. App. 1899).

Pincite

Opinion

MacLean, J.

It 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.

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

Judgment affirmed, with costs.

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MacLean, J.

It 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.

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

Judgment affirmed, with costs.

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Bluebook (online)

30 Misc. 765, 61 N.Y.S. 1139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kamsler-v-schaefer-nyappterm-1899.