
    Lakey v. Loomis.
    
      Trial — charge to jury — submission when no conflict of evidence.
    
    Where there was no evidence that there was any person other than plaintiff entitled to bring action upon a contract, and at the trial the court submitted to the jury the question whether, upon the evidence, plaintiff was entitled to bring the action, held, error; as it was an instruction to the jury that there was evidence that would authorize them to find against the plaintiff on that ground.
    Motion by plaintiff for a new trial, after a verdict in favor of defendant upon a case and exceptions, ordered to be first heard at general term.
    The action was brought by Ira Lakey against George Loomis, to recover the amount due on a shrinkage in the weight of wool sold by defendant to plaintiff.
    
      S. B. McIntyre, for plaintiff.
    
      E. G. Lapham, for defendant.
   Mullin, P. J.

The head-note sufficiently states the only point passed upon.

New trial ordered.  