JOSEPH FREEDMAN CO. v. N. PENN TRANSFER INC


1982 Mass. App. Div. 186 (1982)

Joseph Freedman Company, Inc. vs. North Penn Transfer, Inc.

Massachusetts Appellate Division, Western District.

July 8, 1982.


Attorney(s) appearing for the Case

Bernard Glazier for the plaintiff.

Michael West for the defendant.

Present: McGuane, Larkin & Greenberg, JJ.


McGuane, J.

The defendant in this appeal raises the issue that in this particular case the plaintiff had the burden of proving that the goods were received in good condition, not just that they were received. His contention is that there must be evidence in the report to sustain the judge's findings and absent that evidence he was entitled to a directed verdict.

The report contains the following summary of testimony. The merchandise was placed on defendant...

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