
    John Moore, Resp’t, v. Long Island Exp. Co., App’lt.
    N. Y. C. P.
    December 23, 1895.
    
      Wm. J. Kelly, for app’lt; A. Bell MalcoVmson, for resp’t.
   Per Ctjriam.

The plaintiff, a shipper of goods concededly lost when in the ■custody of the defendant carrier, brought suit for their reasonable value, and recovered $50, the amount of the defendant’s liability as limited by the shipping receipt. True,' as claimed by the appellant, a payment had been made to the plaintiff’s wife, but upon the facts disclosed by the record we cannot hold that this affected the plaintiff’s cause of action. As to attendant 'details of the transaction there was a fair conflict of evidence, not unreasonably resolved in favor of the respondent, and the damages in suit were sufficiently proven by affidavits as to the value of the chattels, which documents were further entitled to credit under the plaintiff’s sworn statement as to their truth in open court. The judgment is to be affirmed, with costs.  