¶1This is an appeal from a judgment entered upon the verdict of a jury, and an order denying a motion for a new trial upon the minutes. When the plaintiff rested his case there was evidence from which the jury could properly conclude that the materials in suit were sold and delivered to the defendant, and that he was justly indebted to the plaintiff for the amount of the verdict. The plaintiff’s case did not show that Rutherford was defendant’s partner. The charge presented the question at issue fully and fairly, and was subject to no valid exception. The judgment and order should be affirmed.
13 N.Y.S. 957
Stone v. Devlin
The Superior Court of the City of New York and Buffalo
Decided March 2, 1891
The Superior Court of the City of New York and Buffalo · decided 1891-03-02
Action by Fred Stone against John Devlin. From a judgment in plaintiff’s favor, and from an order denying his motion for a new trial, defendant appeals.
Decided 1891-03-02