Hertz v. Minzesheimer — 30 N.Y.S. 805

Majority

p. 805

HERTZ v. MINZESHEIMER.

(City Court of New York, General Term.

October 23, 1894.)

Headnote

Appeal—Review—Weight op Evidence.

A verdict on conflicting evidence will not be disturbed on appeal.

Appeal from trial term.

p. 806

Action by Moses Hertz against Clara Minzesheimer for brokerage. From a judgment entered on a verdict in favor of plaintiff, and from an order directing a new trial, defendant appeals. Affirmed.

Argued before EHRLICH, C. J., and NEWBURGER, J.

Joel M. Marx, for appellant.

Langbein Bros. & Langbein, for respondent.

The action was for brokerage, and the contention narrowed down to the question whether the defendant was to pay the plaintiff $500, or one-half of 1 per cent, of the price received by the defendant, which latter sum, amounting to $157.50, defendant paid to the plaintiff, who received the same, and claimed it to be on account of the $500. The evidence is conflicting, and the jury, under a clear and impartial charge, found for the plaintiff. We find no reason to disturb the verdict, and the judgment entered thereon must be affirmed, with costs.