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Cahill v. Lichtenstadter

72 N.Y.S. 1096 Court N.Y. App. Term English

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p. 1096
CAHILL, Appellant, v. LICHTENSTADTER, Respondent.
(Supreme Court, Appellate Term.
June, 1901.)

Headnote

Action by James B. Cahill against Max Lichtenstadter.
Holt & Duress, for appellant. J. Martin, for respondent.

The evidence sufficiently establishes a prima facie case. The truck had painted upon it the words, “M. Lichtenstadter, 54th Street and 1st Avenue.” It was loaded with what appeared" to be flour barrels. Defendant was engaged in the flour business at 986 Eirst avenue, near Fifty-Fourth street. The facts established were sufiicient to put defendant upon his proof. Doherty v. Lord, 8 Misc. Rep. 227 , 28 N. Y. Supp. 720 ; Seamen v. Koehler, 122 N. Y. 646 25 N. E. 353 . Judgment reversed, and new trial ordered, with costs.

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