1. Home
  2. Browse Decisions
  3. F.2d
  4. 33 F.2d
  5. 33 F.2d 83 (1929)
 

FRANKEL v. FOREMAN & CLARK

No. 162.

33 F.2d 83 (1929)

FRANKEL et al. v. FOREMAN & CLARK, Inc.

Circuit Court of Appeals, Second Circuit.

June 3, 1929.

Attorney(s) appearing for the Case

Hirsch, Limburg & Hess, of New York City (Herbert R. Limburg, Lionel S. Popkin, and Joseph L. Weiner, all of New York City, of counsel), for appellant.

William Klein, of New York City (Milton R. Weinberger and Jerome Weinstein, both of New York City, of counsel), for appellees.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

There can be no doubt that the charge as to the burden of proof was erroneous as to both causes of action.

The first cause of action was to recover the purchase price, and was founded upon the theory that the title to the 170 coats had passed to the buyer. Section 125(3) and (4) of the New York Personal Property Law (Consol. Laws, c. 41) provides that:

"3. Where the seller delivers...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases