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Meyer v. Bassel

95 N.Y.S. 1145 Court N.Y. App. Term Decision date 1905-12-21 English

Delivered by SCOTT, P. J.

Contents

Majority

p. 1145
MEYER, Respondent, v. BASSEL, Appellant, et al.
(Supreme Court, Appellate Term,
December 21, 1905.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Eleventh District. Action by David Meyer against Badie Bassel, impleaded. Judgment for plaintiff, and defendant appeals.
Reversed.
Jacob Levy, for appellant.
Steuer & Hoffman, for respondent.

I can find in the case no evidence of delivery. All that plaintiff testifies to is that he delivered the goods “through my trucks,” a fact of which he obviously could not have personal knowledge. The evidence of the sale is also very slight. In my opinion the judgment should be reversed, and a new trial granted, with costs to abide the event. All concur.