¶1This case appears to have been tried on the same testimony upon which the case of Eckhardt v. Epstein, 11 N. Y. Supp. 585, was tried, *231and the report of the referee and the judgment entered thereon were substantially the same in both cases. That case was appealed to this court, and affirmed. As the same questions were presented in both eases, it follows that the j udgment appealed from should be affirmed, with costs, on the opinion in Eckhardt v. Epstein, supra.
13 N.Y.S. 230
Bailey v. Claflin
The Superior Court of the City of New York and Buffalo
Decided January 5, 1891
The Superior Court of the City of New York and Buffalo · decided 1891-01-05
Action by Howard A. Bailey against John Glaflin and others, composing the firm of H. B. Glaflin & Co., to recover the possession of certain goods and chattels purchased from the plaintiff by the firm of Simon Epstein & Son under false representations, and transferred to the defendants upon a fictitious consideration. Defendants appeal from a judgment for plaintiff entered on trial by a referee.
Decided 1891-01-05