Hyperlawhypertext legal database Whitehill Engine & Pictet Ice Machine Co. v. Binz 90 N.Y. Sup. Ct. 613

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Whitehill Engine & Pictet Ice Machine Co. v. Binz

90 N.Y. Sup. Ct. 613 Court N.Y. Gen. Term English

Judges Brown, P. J., and Cullen, J., concurred.

Delivered by Dykman, J.:

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p. 613
The Whitehill Engine and Pictet Ice Machine Company, Respondent, v. Julius Binz, Appellant. Impleaded, etc.

— Judgment and order affirmed, with costs.—

This is an appeal from a judgment entered upon a verdict in favor of the

p. 614
plaintiff after a trial at the Circuit, ancl from an order denying a motion for a new trial on the minutes of the court. The action was brought for the recovery of the machinery, pipes ancl other articles which had been used in a brewery at Fort Hamilton. The ownership of the property was in the plaintiff and that fact was undisputed. The principal question litigated has reference to the demand ancl refusal to deliver the property. That question was submitted to the jury and must have been decided in favor of the plaintiff, and there is evidence sufficient to support the verdict upon that point. The same thing may be said respecting the damages, and as we find no error in the record, the judgment ancl order denying the motion for a new trial should be affirmed, with costs.

Brown, P. J., and Cullen, J., concurred.