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Simm v. Van Clief

32 N.Y.S. 1149 Court N.Y. City Ct. Decision date 1895-03-19 English

Delivered by NEWBURGER, J.

Contents

Majority

p. 1149
SIMM, Respondent, v. VAN CLIEF, Appellant.
(City Court of New York, General Term.
March 19, 1895.)

Headnote

Action by Solomon Simm against Jacob Van Clief.
Headley M. Greene, for appellant. Johnston & Johnston, for respondent.

This is an appeal from a judgment entered upon the verdict of a jury rendered in favor of the plaintiff, and from the order denying the motion for a new trial. The action was brought for goods sold and delivered. The defendant denies the sale to him, but alleges that the goods were sold to his wife, and therefore the only question raised at the trial was to whom was the credit given. The case was properly submitted to the jury, and no exception taken to the charge of the trial justice. There are no exceptions that would warrant us in disturbing the verdict of the jury. Judgment and order appealed from affirmed, with costs.