
    Richard Krauss and Louis Krauss, Respondents, v. Simon Abeles, Appellant.
    (City Court of New York, General Term,
    July, 1897.)
    Testimony of a party not discredited by interest.
    The interest of the plaintiff, in a controversy, will not prevent his recovery upon his contention, notwithstanding the fact that no persons were present at the time of the agreement, except the plaintiff and the defendant.
    Appeal from a judgment entered on a verdict in favor of plaintiffs. ,
    Strong & Cadwalader, for appellant.
    B. Lewinson, for respondents.
   McCarthy, J.

This is entirely a question of fact and was fairly and properly left to the jury.

They have believed the plaintiffs’ testimony and found for them.

It is not the rule and there is no such law that where a dispute arises and only the plaintiff and the defendant were present, the plaintiff cannot recover, because he is interested.

It is still a question for the jury under proper instructions which the appellant availed himself fully of.

Judgment is, therefore, affirmed, with costs.

Van Wyck, Ch. J., and Sohuchman, J., concur.

Judgment affirmed, -with costs.  