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Feingold v. Abler

65 N.Y.S. 1132 Court N.Y. App. Term Decision date 1900-07-06 English

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p. 1132
FEINGOLD, Appellant, v. ABLER et al., Respondents.
(Supreme Court, Appellate Term.
July 6, 1900.)

Headnote

Action by Gustav Feingold against Jacob P. Abler and others. From a judgment in favor of defendants, plaintiff appeals. Affirmed. Carl L. Schurz, for appellant. Joseph J. Harris, for respondents.

Upon conflicting evidence the justice found in favor ■ of the defendant. No question of law is presented, and we cannot say that injustice has been done. The alleged public announcements by the managers of the theater do not necessarily corroborate the plaintiff in his story that he was engaged until the end of the season in any event, but may have been only an expression of opinion that the strike would not be settled, and that for that reason the plaintiff’s engagement would continue. The judgment should be affirmed, with costs.