Appellate Division of the Supreme Court of the State of New York June 18, 1941 (Wise v. Hirestra Laboratories, Inc.)

Townley, J.

In this case the defendant-appellant rested upon the plaintiffs’ testimony. A large part of said testimony was by interested witnesses. The court charged (speaking of the burden of proof): “ The only thing it does is to remind you when testimony is given which is not contradicted or which is not denied, rebutted or refuted, the likelihood is that that testimony is true, because the