
    John Moore, Respondent, v. The Long Island Express Co., Appellant.
    Appeal from a judgment of the" First Judicial District Coúrt.
    
      W. J. Kelly, for appellant.
    
      A. B. Malcolmson, for respondent.
   Per Curiam.

The plaintiff, a shipper of goods concededly lost when in custody of the defendant carrier, brought suit for their'reasonable value and recovered fifty dollars, 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 détails of the transaction there was á 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 states ment as to their truth in open court.

The judgment is to be. affirmed, with costs.. .

.Present; Bookstavbb and Bisohoff, JJ..

Judgment affirmed, with costs.  