43 N.Y.S. 1112 | N.Y. App. Div. | 1897
It is conceded that the plaintiff was a creditor of the firm of Steinau, Bros. & Co., in the sum of $5,000, at the date of the failure of said firm in September, 1882. This indebtedness was represented by certain promissory notes' given for money advanced by the plaintiff to the firm. The firm was also indebted to Simon Scheuer, the father of the plaintiff, now deceased, in the sum of $4,500. By an arrangement between the firm, the plaintiff and her father, the latter was preferred in the assignment, made by the firm for the benefit of creditors, in the sum of $9,500, and the said notes were
The defendants upon the trial made no motion for a nonsuit or for the direction of a verdict. They, therefore, conceded that a question of fact was presented for determination by the jury and by this concession they are bound, and cannot now be heard to say that
We find nothing in the case which calls for our interference with the judgment. It should, therefore, be affirmed, with costs.
All concurred.
Judgment and order affirmed, with costs.