Appellate Division of the Supreme Court of New York, 1914

Jarvie v. Arbuckle

Jarvie v. Arbuckle
Appellate Division of the Supreme Court of New York · Decided June 5, 1914 · Burr
163 A.D. 208; 148 N.Y.S. 195; 1914 N.Y. App. Div. LEXIS 6882

Counsel

Lewis H. Freedman [Adrian H. Larkin and Albert Stickney with him on the brief], for the appellant., William N. Dykman, for the respondents.

Jarvie v. Arbuckle

Opinion of the Court

Burr, J.:

The questions of fact in this case as to whether the sums due to the employees' of the Pittsburg house were obligations of the firm or a personal indebtedness of John Arbuckle, have been resolved by the verdict of the jury in favor of defendants, and the evidence fully sustains such finding. Within the authority of Jarvie v. Arbuckle, No. 1 (163 App. Div. 199), decided herewith, it follows that the judgment entered in this action in favor of defendants, and the orders denying the motion for a new trial and granting defendants’ motion for an extra allowance, should be affirmed, with costs.

Jenks, P. J., Thomas, Stapleton and Putnam, JJ., concurred.

Judgment and orders affirmed, with costs.

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