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Hertz v. Minzesheimer

62 N.Y. St. Rep. 767 Court N.Y. City Ct. Decision date 1894-10-23 English

Delivered by Ehrlich, C. J.

Contents

Majority

p. 767
Moses Hertz, Resp’t, v. Clara Minzesheimer, App’lt.
(New York City Court, General Term,
Filed October 23, 1894.)

Headnote

Appeal—Conflicting evidence.
A verdict, on conflicting evidence, will not be disturbed on appeal.
Appeal from a judgment entered on a verdict in favor of plaintiff, and from an order directing a new trial.
Joel M. Marx, for app’lt; Langbein Bros. & Langbein, for resp’t

The action was for brokerage, and the contention narrowed down to the question whether the defendant was to pay the plaintiff $500, or one-half of 1 per cent, of the price received by the defendant, which latter sum, amounting to $157.50, defendant paid to the plaintiff, who received the same, and claimed it to be on account of the $500. The evidence in conflicting, and the jury, under a clear and impartial charge, found for the plaintiff. We find no reason to disturb the verdict, and the judgment entered thereon must be affirmSd, with costs.