Appellate Terms of the Supreme Court of New York November 30, 1908 (Mechonznik v. Weintraub)

SEABURY, J.

This was an action, to recover for money loaned. The plaintiff offered testimony in support of his cause of action. The defendants offered testimony contradicting it. The trial court dismissed the complaint upon the ground that the plaintiff had not sustained the burden of proof. In so doing, the court assumed to exercise the functions of the jury.