Opinion
October, 1896.
Judgment affirmed, with costs. —
The testimony given to support the claim of plaintiff was sufficient and satisfactory, and brings the case within the decision in Markey v. Brewster (10 Hun, 16; affirmed on appeal upon the opinion of the court below, 70 N.Y. 607). The facts of the case warranted the rendition of a judgment for costs in plaintiff's favor, and the law authorized it. ( Denise v. Denise, 110 N.Y. 562; Hauxhurot v. Ritch, 119 id. 621.) The judgment appealed from should, therefore, be affirmed, with costs. All concurred.