Pollatschek v. Goodwin — 38 N.Y.S. 971

Majority

p. 971

POLLATSCHEK et al. v. GOODWIN.

(City Court of New York, General Term.

April 27, 1896.)

Headnote

Appeal—Sufficiency op Evidence.

Where evidence is conflicting, a verdict will not be disturbed, unless for error of law.

Appeal from trial term.

Action Morris Pollatschek and another against Matilda E. Goodwin. Judgment for plaintiffs, and defendant appeals.

Affirmed.

Argued before VAN WYCK, C. J., and FITZSIMONS and MCcCARTHY, JJ.

Theodore L. Frothingham, for appellant.

Hoffman & Hoffman, for respondents.

This is an appeal from a judgment in favor of the plaintiff for broker’s commission against the seller on an exchange of certain real estate and other properties. The judge’s charge being omitted, we must accept that the case was fairly and properly submitted to the jury. It was a question of fact, and we cannot disturb their verdict, unless for some error of law. After a careful examination of the points suggested by the appellant, we do not find any substantial error requiring a reversal.

Judgment must therefore be affirmed, with costs. All concur.