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Kelly v. Weiss

10 N.Y.S. 539 Court N.Y.C.P. Decision date 1890-07-18 English

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p. 539
Kelly et al. v. Weiss.
(Common Pleas of New York City and County, General Term.
July 18, 1890.)

Headnote

Appeal—Review—Sufficiency of Evidence.
A judgment will not be disturbed on appeal when the verdict on which it is based is justified by the evidence.
Appeal from eleventh district court.
Action by Thomas P. Kelly and others against Leopold Weiss, to recover $99.50 for storage of a brougham and a T cart under an agreement at a specified price. There was a verdict in plaintiff’s favor, and from a judgment thereon defendant appeals.
Argued before Larremore, C. J., and Allen and Bookstaver, JJ.
Horwitz & Hirshfleld, for appellant. J. Cochrane, for respondents.

No question of law is presented on this appeal. The justice, from the testimony, was justified in finding the verdict he did, and the judgment should therefore be affirmed, with costs to the respondents.