
    Samuel W. Regester, et al., Respondents v. Edward Barr Company, Limited, Appellant.
    Decided May 4, 1891.
    Appeal by defendant from a judgment in favor of the plaintiffs entered Upon the verdict of a jury, and from order denying defendant’s motion for a new trial.
    Billings & Cardozo, for appellant.
    Black & King, for respondents.
    Before Sedgwick, Ch. J., and Freedman, J.
   The question involved on the appeal was one of fact which on the trial was sharply litigated and submitted to the jury on three different theories. There was no exception to the charge and no request made to charge otherwise. The jury found a verdict in accordance with one of the theories submitted. The Court (Freedman, J., writing, Sedgwick, Ch. J., concurring) held that the judgment and order should be affirmed, with costs.  