Hay v. Muller — 56 N.Y. St. Rep. 902

Majority

p. 902

Peter Hay, Resp’t, v. Rosalie Muller, App’lt.

Headnote

Appeal from judgment entered on verdict in favor of plaintiff.

F. J. Bischoff, for app’lt; Paul Wilcox, for resp’t.

The complaint sets forth a sufficient cause of action, and the proofs sufficiently established title in the plaintiff, value, demand, and re

p. 903

fusal, before suit brought, to send the case to the jury. They found on all the issues in favor of the plaintiff. No error was committed to the prejudice of the defendant. The case was fully tried, and intelligently submitted to the jury. The judgment must be affirmed, with costs.