Majority
p. 74Samuel Lewis et al., Resp’ts, v. Casper Iba, App’lt. (New York Common Pleas, General Term Filed June 2, 1890.)
Headnote
fCniAL — Motion to dismiss.Where there is evidence sufficient to warrant a finding in favor of one of several plaintiffs, a motion to dismiss the case generally is properly denied.
Appeal from a judgment in favor of the plaintiff, rendered in the district court in the city of Hew York for the fourth judicial district.
H. G. Botty, for app’lt; M. H. Gottlieb, for resp’ts.
We have carefully read the testimony in this case and find that there was sufficient evidence to justify the justice in rendering a verdict in favor of both plaintiffs, as there is proof that they were jointly interested in the work done, and the receipt given by Lewis was sufficiently explained. Even if it were not so, there certainly was sufficient testimony to warrant the justice ■in finding in favor of the plaintiff Lewis, and defendant’s motion to dismiss was therefore properly denied, as it was a motion to dismis the case entirely and not as to the plaintiff Procha alone.
The judgment should, therefore, be affirmed, with costs.
Larremore, Oh. J., and Bookstaver, J., concur.