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Kemmelhor v. Cohen

28 N.Y.S. 1139 Court N.Y.C.P. Decision date 1894-04-25 English

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p. 1139
KEMMELHOR, Respondent, v. COHEN, Appellant.
(Common Pleas of New York City and County, General Term.
April 25, 1894.)

Headnote

Appeal from fourth district court.
Action by Lewis Kemmelhor against Isaac Cohen.
Argued before BOOKSTAVER and BISCHOFF, JJ.
Otto Irving Wise, for appellant.
Douglass & Minton, for respondent.

The burden of showing error is on the appellant. It does not appear that the motion to amend the complaint was granted, or .that the judgment was not rendered on the original cause of action. There is evidence sufficient to warrant the justice in finding as he did in that cause of action. The judgment should therefore be affirmed, with costs.