Atterbury v. Rourke — 53 N.Y. St. Rep. 935

Majority

p. 935

Robert B. Atterbury et al., Resp’ts, v. Martin Rourke, App’lt.

Headnote

Apoeal from judgment in favor of plaintiff, and from order denying motion for new trial.

Frank D. Shaw and J. Alex. Stitt, for app’lt; Henry H. Bowman, for resp’ts.

This is an action for the recovery of damages resulting from a breach of warrantee in the sale of 100 tons of Manchester gunny bagging. The specific breach charged had relation to the shrinkage in the weight, the warrantee being that there should not be more than one per cent, shrinkage, and tire charge being that there was much more.

The cause was tried at the circuit, and a verdict was rendered for the plaintiff for §375.

The defendant Martin Rourke has appealed from the judgment and the order denying the motion for a new trial upon the minutes of the court.

An examination of the record discloses no error. The case was submitted to the jury by a very careful charge, and the verdict is well supported by the evidence.

The judgment and order should be affirmed, with costs.

Barnard, P. J., and Pratt, J., concur.