Pfaelzer v. Gassner

DAYTON, J. (dissenting).

Defendant failed to produce his books pursuant to notice, nor did he introduce any testimony. Indeed, the record discloses a persistent effort on the part of the defense to evade, 'and at the same time to confuse, the issue. Plaintiff established a prima facie case, mainly upon secondary evidence, to the ■ satisfaction of the jury. The errors complained of were not prejudicial to defendant.

The judgment should be affirmed, with costs.