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Perfect Brush Manufacturing Co., Inc. v. Grappell

Appellate Division of the Supreme Court of New York, First Department
Jul 1, 1952
280 App. Div. 860 (N.Y. App. Div. 1952)

Opinion

July 1, 1952.

Present — Peck, P.J., Dore, Callahan and Bergan, JJ.


Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event, upon the ground that defendant had the burden of establishing the defense of payment and on this record there were clearly issues of fact including the credibility of the witnesses that should have been submitted to the jury, and it was error for the court to direct a verdict and dismiss the complaint and grant judgment to the defendant.


Summaries of

Perfect Brush Manufacturing Co., Inc. v. Grappell

Appellate Division of the Supreme Court of New York, First Department
Jul 1, 1952
280 App. Div. 860 (N.Y. App. Div. 1952)
Case details for

Perfect Brush Manufacturing Co., Inc. v. Grappell

Case Details

Full title:PERFECT BRUSH MANUFACTURING CO., INC., Appellant, v. LEON J. GRAPPELL…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jul 1, 1952

Citations

280 App. Div. 860 (N.Y. App. Div. 1952)