
    LANAHAN, Respondent, v. HENRY ELTNER BREWING CO., Appellant.
    (City Court of New York, General Term.
    April 1, 1897.)
    Action by William Lanahan and others against Henry Eltner Brewing Company.
    Langbein Bros. & Langbein, for appellant.
    Leventritt & Nathan, for respondent.
   PER CURIAM.

We think that upon the evidence the jury were justified in finding that BleKinney acted as the agent of the defendant in the purchase of the goods in question, and that the defendant was really the. owner of the-business conducted in the store at 2d avenue- and 116th street, because Sullivan entered the store at the defendant’s request, and left at the request of the defendant; that the license of the place was in the name of an employé of the defendant; and that it paid the rent of the store, and otherwise acted as only the owner of property usually acts. As the questions in dispute were only of fact, and were rightfully determined, we think, by the jury, we must affirm the judgment, with costs. The judgment therefore is affirmed, with costs.  