Judgment unanimously modified, on the facts, without costs, to the extent of reducing the amount awarded to the plaintiff to the sum of $9,000 plus the appropriate taxable costs.
The plaintiff made out a prima facie case by introducing proof that the gold statuette had been entrusted to the defendant and that it had not been returned (Claflin v. Meyer, 75 N.Y. 260). At that point the burden of going forward with the proof shifted to the defendant and it was...
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