Public-domain · open source
OpenJurist

32 Misc. 746

Hoehn v. Strauss

City of New York Municipal Court

Decided June 15, 1900

City of New York Municipal Court · decided 1900-06-15

<p>Appeal from a judgment of the City Court of the city of New York in favor of plaintiffs.</p>

Decided 1900-06-15

Per Curiam.

¶1We think that the testimony clearly establishes a sale and delivery of the goods in question to the defendant. His contention that the sale was made to another was discredited by the jury. Even though the defendant had, prior to the sales in question, sold the Columbus avenue store to his former partner, yet the transaction in question might well have been had as contended for by plaintiffs; that is to say, that the goods were sold to defendant and credit therefor given to him only.

¶2We think that the questions in dispute were justly and fairly settled by the jury, and that no error was committed in the admission or exclusion of evidence.

¶3The judgment is affirmed, with costs.

¶4Present: Hascall, McCarthy and O’Dwyer, JJ.

¶5Judgment affirmed, with costs.

/32/misc/746 · .json · Public domain