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Appellate Terms of the Supreme Court of New York, 1913

Welch, Holmes & Clark Co. v. Central Chandelier Co.

Welch, Holmes & Clark Co. v. Central Chandelier Co.
Appellate Terms of the Supreme Court of New York · Decided March 7, 1913
140 N.Y.S. 377 (New York Supplement)

Counsel

Henry Silverman, of New York City, for appellant., William Wallace Young, of New York City (James A. Hughes, of New York City, of counsel), for respondent.

Welch, Holmes & Clark Co. v. Central Chandelier Co.

Opinion of the Court

PER CURIAM.

This is an action to recover for the purchase price of stearic acid alleged to have been sold and delivered to defendant. There was not sufficient evidence as to the amount of goods delivered. The witness called by plaintiff to prove this delivery, it being conceded that seven bags were delivered, said that the bags some-, times weighed 100 and sometimes 200 pounds. He testified that he did not see the bags when they were shipped, and was evidently testifying from knowledge received from his delivery clerk.

The judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event.

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