
    Thomas C. Avery, Respondent, v. William H. Starbuck, Appellant.
    Decided June 3, 1889.
    Appeal from a judgment entered upon the verdict of a jury in favor of plaintiff, and from an order denying defendant’s motion for a new trial on the minutes.
    Holmes & Adams, for appellant.
    James C. Anderson, for respondent.
    
      Before Sedgwick, Ch. J., and O’Gorman, J. The questions involved on the appeal were whether there was sufficient evidence to sustain the verdict, and whether the decision of the trial court in denying defendant’s motion to amend the answer by setting forth in substance that since the commencement of this action and the service of the answer herein the plaintiff had prosecuted in the United States courts an action by way of libel commenced there before this action for the same cause as is here involved, and that after a trial on the merits judgment was there rendered for the defendant herein, was correct.
   The Court (O’Gorman, J., writing, Sedgwick, Ch. J., concurring)

held, that there was sufficient evidence to sustain the verdict, and that the decision of the trial court in refusing to allow the amendment was correct, and affirmed the judgment and order appealed from with costs.  