
    STURKE, Appellant, v. EGLEE et al., Respondents.
    (Supreme Court, Appellate Term.
    October 25, 1899.)
    Action by Richard Sturke against E. Eugene Eglee and William H. Flagg. From a judgment in favor of defendant Eglee, plaintiff appeals.
    Affirmed.
    Willis B. Dowd, for appellant.
    Erdman, Levy & Mayer, for respondents.
   FREEDMAN, P. J.

This action was brought against William H. Flagg and the above-named defendant, Eglee, to recover the sum of $377.75, the admitted value of goods sold and delivered to the defendants while doing business under the style and firm name of W. H. Flagg & Co. Flagg was not served with process, and the defendant Eglee alone appears herein. The complaint alleges that the sale of the goods was induced by the false and fraudulent statements made by Flagg, in stating that a co-partnership existed between himself and Eglee, when, as a matter of f.act, there was no such partnership. It also contains further allegations of deceit in the making of such statements, reliance thereon by plaintiff, and damages sustained thereby. Without passing upon the sufficiency of the complaint as stating a cause of action for fraud and deceit against this defendant, it is sufficient to say that the testimony fails to sustain the contention of the appellant, and the decision of the trial judge, based upon the facts as stated in his opinion, is fully warranted by the evidence, and the judgment'must be affirmed. Judgment affirmed, with costs. All concur.  