
    NEW YORK COMMON PLEAS — GENERAL TERM,
    MARCH, 1894.
    Bernard Katz et al., Respondents, v. John Haffen et al., Appellants.
    Appeal from a judgment of the justice of the First District Court in favor of plaintiff for $247.82 damages and costs.
    The action was for the value of ale and porter sold and delivered at the retail liquor stores 207 West street and corner of Canal and Sullivan streets, in this city, between March 31 and June 1, 1892.
    
      
      William F. Browne, for appellants.
    
      Frederick Fber, for respondents.
   Per Curiam.

The complaint alleges a sale to defendants and the answer denies it. The transactions were between plaintiff and one Mark Mayer, who was at the time ostensibly proprietor of the stores, but there was evidence that he was but the agent of defendants to conduct the business for them. They were brewers, and engaged in the business of brewing and selling lager beer,' and the plaintiff’s evidence showed that they put Mayer in charge to run the stores, requiring him to turn over to them weekly all the receipts above the expenses and fifteen dollars a week for his wages ; and that after the delivery of these goods they promised to pay for them, and instructed Mayer to do so; that they admitted the ownership of the stores, and that they had Mayer in charge of them; that they instructed Mayer to buy goods in his own name and that when they saw fit they transferred him from one store to the other, and finally dismissed him. The evidence in defendants’ behalf showed an arrangement for a nominal rental to be paid by Mayer, but' it was contingent upon his taking in sufficient money for that and the running expenses; and the whole case warrants the inference that this was but an arrangement to allow Mayer for his compensation what he could earn above the expense of running the place and the nominal rental.

The judgment must be affirmed.

Present: Daly, Ch. J., Bisohoff and Pryor, JJ.

Judgment affirmed, with costs.  