Nelbach v. Fitch — 17 N.Y. St. Rep. 1015

Majority

p. 1015

FOURTH DEPARTMENT—GENERA L TERM.

Filed July, 1888.

NELBACH v. FITCH et al.

Headnote

Appeal from a judgment entered on a verdict, and from an order denying a motion for a new trial made on the minutes, and heard in this court on a case containing all of the evidence.

Whether the furniture to recover the price of which, less some credits, this action was brought, was sold upon the credit of defendants, as partners, or upon their individual credit and the individual credit of Me

p. 1016

Crea, their employee, was, under the evidence, a fair question of fact for the jury, whose verdict this court will not disturb.

The judgment and order are affirmed, with .costs.