Perfect Brush Manufacturing Co. v. Grappell ( 1952 )

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event, upon the ground that defendant had the burden of establishing the defense of payment and on this record there were clearly issues of fact including the credibility of the witnesses that should have been submitted to the jury, and it was error for the court to direct a verdict and dismiss the complaint and grant judgment to the defendant. Present — Peek, P. J., Dore, Callahan and Bergan, JJ.