Appellate Terms of the Supreme Court of New York May 15, 1905 (Mincer v. Green)

Scott, J.

There was practically no denial by defendant that he had purchased the goods sued for (except one overcoat) and there was no proof that he had paid any more than the plaintiff admitted receiving. Therefore the judgment for the defendant can be accounted only upon the theory that the justice deemed that the judgment for defendant in the former action was a bar to this.