Stelwagon Manufacturing Co. v. Stone

Appellate Division of the Supreme Court of New York

Stelwagon Manufacturing Co. v. Stone

231 A.D. 789

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 15, 1930

StatusPublished

This text of 231 A.D. 789 (Stelwagon Manufacturing Co. v. Stone) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stelwagon Manufacturing Co. v. Stone, 231 A.D. 789 (N.Y. Ct. App. 1930).

Pincite

Opinion

Judgment affirmed, with costs, upon the ground that the burden rested on plaintiff to show good faith, not on or about July 18, 1924, when the agreement between plaintiff and Waterproofing Corporation was made, but on September 12, 1924, when the paper was taken. That burden was not sustained. Many things could have happened between the two dates. The testimony relating to similar frauds was perhaps erroneously admitted, but in view of all the other evidence in the case and in particular the testimony of plaintiff’s president relating to what he found upon investigation, it must have been entirely clear to the jury that there had been many other instances of fraudulent sales. The details of three of those instances were not so prejudicial as to require a new trial. All concur. Present — Crouch, Taylor, Edgeomb, Thompson and Crosby, JJ.

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Judgment affirmed, with costs, upon the ground that the burden rested on plaintiff to show good faith, not on or about July 18, 1924, when the agreement between plaintiff and Waterproofing Corporation was made, but on September 12, 1924, when the paper was taken. That burden was not sustained. Many things could have happened between the two dates. The testimony relating to similar frauds was perhaps erroneously admitted, but in view of all the other evidence in the case and in particular the testimony of plaintiff’s president relating to what he found upon investigation, it must have been entirely clear to the jury that there had been many other instances of fraudulent sales. The details of three of those instances were not so prejudicial as to require a new trial. All concur. Present — Crouch, Taylor, Edgeomb, Thompson and Crosby, JJ.

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Bluebook (online)

231 A.D. 789, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stelwagon-manufacturing-co-v-stone-nyappdiv-1930.