Hyperlawhypertext legal database Hemingway v. Oldenberg 65 N.Y.S. 1135

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Hemingway v. Oldenberg

65 N.Y.S. 1135 Court N.Y. App. Term Decision date 1900-06-13 English

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p. 1135
HEMINGWAY et al., Appellants, v. OLDENBERG, Respondent.
(Supreme Court, Appellate Term.
June 13, 1900.)

Headnote

Action by John Hemingway and others against Diedrich C. Oldenberg to determine title to a safe. From a judgment in favor of defendant, plaintiffs appeal. Affirmed. Oscar J. Hochstadter, for appellants. Edward Herrmann, for respondent.

The record is barre.n of an exception, and the questions presented by this appeal relate solely to the facts. The main question contested at the trial was whether the safe in suit was included in the sale of the plaintiffs’ business to the defendant. The testimony with respect to this point is conflicting; but, the trial justice having found in favor of the defendant, we see no reason for disturbing his conclusion. Judgment affirmed, with costs.