Appellate Terms of the Supreme Court of New York, 1913

Farrand v. Wittner

Appellate Terms of the Supreme Court of New York · Decided February 14, 1913 · Bijur

140 N.Y.S. 85 (New York Supplement)

Counsel

Aaron Honig, of New York City (Max D. Steuer, Julian Arthur Leve, and Emanuel Klein, all of New York City, of counsel), for appellant., Cromwell G. Macy, of New York City, for respondent.

Opinion of the Court

BIJUR, J.

Defendant’s affidavit, to the effect that he had produced all the books and papers relating to the transactions which were in his possession, and explaining that the balance had been lost when he moved from his place of business, was uncontradicted. There would, therefore, appear to be no ground for predicating any punishment of the defendant on his failure to produce that which was either nonexistent or, at least, not. available to him. See People v. McClellan, 191 N. Y. 341, 84 N. E. 68; Chartered Bank of India v. Fire Ins. Co., 145 App. Div. 307, 129 N. Y. Supp. 1067; Ammidown v. Century Rubber Co., 14 N. Y. Supp. 769.

Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. All concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.