
    Pompeo Maresi, App’lt, v. American Yacht Company, Resp’t.
    
      {New York City Court, General Term,
    
    
      Filed November 20, 1894.)
    
    Trial—Nonsuit.
    Where the proof makes out a prima facie case against the defendant, it is error to nonsuit the plaintiff.
    Appeal from a judgment of nonsuit.
    
      L. J. Morrison, for app’lt; L. 0. Wachner, for resp’t.
   Yan Wyok, J.

Plaintiff’s entire proof was made without any objection from defendant, and shows that one Yoyer was the steward of the American Yacht Club ; that such steward ordered from plaintiff certain glass, china, and other tableware, for the club, to be used by it at the opening banquet given by it at its clubhouse at Rye on the Sound; that such tableware was by plaintiff shipped and delivered to the club, at its house at Rye; that the same was there used by it upon the banquet table on the occasion of the opening of its clubhouse; and that the value of the use of such tableware on such occasion was $169, which had not been paid, although payment thereof had been demanded. This proof made out & prima facie cause of action against defendant; hence, it was error to nonsuit plaintiff. Judgment reversed and new trial ordered, with costs to appellant to abide the event.  