52 A.D. 439
Appellate Division of the Supreme Court of the State of New York
Decided June 15, 1900
Appellate Division of the Supreme Court of the State of New York · decided 1900-06-15
Motion by the defendant, John L. Shea, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the verdict of a jury in favor of the plaintiff rendered by direction of the court.
Decided 1900-06-15
¶1(concurring):
¶2I concur in the view that the case should have been submitted to the jury on the question of the plaintiff’s ownership of the goods. His credibility under the state of the proof was for the jury, and it did not become a question of law under the rule as stated in the recent case of Hull v. Litbauer (162 FT. T. 569).
¶3Exceptions sustained, new trial granted, costs to defendant to abide event. ' ,