Doll v. Jorgenson — 19 N.Y.S. 1024

Majority

p. 1024

Doll, Appellant, v. Jorgenson, Respondent.

(City Court of Brooklyn,

General Term.

June 27, 1892.)

Headnote

Appeal from special term.

Action by Charles Doll against Frederick R. Jorgenson.

Argued before Clement, C. J., and Osborne and Van Wyok, JJ.

M. L. Towne, for appellant. Horace Graves, for respondent.

The case shows that only a single question of fact was litigated at the trial,—whether or not the defendant acted as the agent of the plaintiff in the sale of certain real estate in this city. The testimony was conflicting, and the jury found that the defendant was not such agent. No exception was taken to the charge, and there is no certificate that the case contains all the testimony. We have examined the record, and find no error.

Judgment and order denying new trial affirmed, with costs.