40 Barb. 390 | N.Y. Sup. Ct. | 1863
The county judge has furnished us no aid by his examination of the case, having written no opinion, merely saying, upon the case, “ Affirmed.” We are therefore to look at the case as if the review was direct from the justice’s court. The complaints of error in the trial, besides that of the verdict being against law and evidence, consist principally in the rulings of the justice on the trial, and as to the onus of the proof. The correctness or otherwise of these rulings will more clearly be seen, if we first examine what
It is also claimed that the goods purchased in this case were worn by the wife and family, and the defendant having seen them worn, without expressing any disapprobation, is presumed to have assented to and ratified the credit, and that the jury having passed upon this question it cannot be reviewed. The proposition is entirely sound, as a legal proposition, but has no basis to sustain it; it has no application to the case before us. There was no such evidence for the jury to pass upon. The only evidence in the case was the
James, J. concurred.
Bockes, J. dissented.
Judgment reversed.
Potter, Bockes and James, Justices.]