Koerner v. Balteransky

141 N.Y.S. 1127 Court N.Y. App. Div. Decision date 1913-04-30 English

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p. 1127

KOERNER, Appellant, v. BALTERANSKY, Respondent.

(Supreme Court, Appellate Division, Second Department.

April 30, 1913.)

Headnote

Action by Herman Koerner against Louis Balteransky.

Judgment affirmed, with costs. The plaintiff, suing on an assigned claim, failed to offer evidence that the damages which he sought to recover had been sustained by his assignor. The motion to dismiss called this defect in the proof to the attention of plaintiff’s counsel.