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31 Misc. 782

Hemingway v. Oldenberg

Appellate Terms of the Supreme Court of New York · decided 1900-06-15

Appeal by the plaintiffs from a judgment of the Municipal Court of the city of New York, borough of Manhattan, rendered-in favor of the defendant upon a trial had before the court without a jury.

Decided 1900-06-15

Per Curiam.

¶1The record is barren of an exception, and the questions presented by this appeal relate solely to the facts. The *783main question contested at the trial was whether the safe in suit was included in the sale of the plaintiffs’ business to the defendant. The testimony with respect to this point is conflicting, but the trial justice having found in favor of the defendant, we see no reason for disturbing his conclusion.

¶2Present: Beekman, P. J., Giegerich and O’Gorman, JJ.

¶3Judgment affirmed, with costs.

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