1. Home
  2. Browse Decisions
  3. A.D.
  4. 285 A.D.
  5. 285 A.D. 451 (1955)
 

PHAIR v. FIGUEIREDO S. A.

285 A.D. 451 (1955)

Ethel M. Phair, Appellant, v. L. Figueiredo S. A. et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

February 15, 1955.

Attorney(s) appearing for the Case

Milton P. Kupfer of counsel (Eli S. Silberfeld, Theodore M. Newman and Jordan H. Eskin with him on the brief; Kupfer, Silberfeld, Nathan & Danziger, attorneys), for appellant.

Thomas W. Kelly of counsel (Thornton C. Land and Frank E. Nattier, Jr., with him on the brief; Breed, Abbott & Morgan, attorneys), for respondents.

BREITEL and BASTOW, JJ., concur with CALLAHAN, J.; PECK, P. J., dissents and votes to affirm in opinion, in which BOTEIN, J., concurs.

CALLAHAN, J.

On a trial before the court and a jury, the complaint in this case was dismissed at the close of the whole testimony. The question on appeal is simply whether plaintiff established a prima facie case requiring submission to the jury.

Four causes of action were set forth in the complaint, two against each defendant. The first and the second were based upon an alleged sale of flour to these...

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