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Kamsler v. Schaefer

61 N.Y.S. 1139 Court N.Y. App. Term Decision date 1899-12-28 English

Delivered by MacLEAN, J.

Contents

Majority

p. 1139
KAMSLER, Appellant, v. SCHAEFER, Respondent.
(Supreme Court, Appellate Term.
December 28, 1899.)

Headnote

Action by David Kamsler against Blise Schaefer (first name fictitious). From a judgment for defendant, plaintiff appeals. Affirmed. Herman R. Elias, for appellant. John Callahan, for respondent.

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. Judgment affirmed, with costs. All concur.