
    NEW YORK COMMON PLEAS — ADDITIONAL GENERAL TERM,
    DECEMBER, 1895.
    Leonard J. Silber, Respondent, v. Benjamin Sire, Appellant.
    Appeal from a judgment,of the District Court of the city of New York for the eighth judicial district.
    
      Albert I. Sire, for appellant.
    
      Julius Silverman, for respondent.
   Bookstaver, J.

Action for' damages for the conversion of a safe.

Plaintiff bought a safe from Side & Beisfeld, which was standing in a store at the northeast corner of Thirty-ninth street and Sixth avenué.' This firm occupied the store down to April' 1, 1895. When they moved out they left the safe there, and plaintiff claims they afterward sold it to him. A Mr. Stein was in charge of the empty store and refused to let the safe go, saying that Mr. Sire so directed him. The defendant denied that he owned the store or.the building, or that he had authorized any one to withhold a safe there from the plaintiff, and testified that a Mr. Fountain owned the building. He would not say, however, that he had not brought a suit against' Side and his partner for the rent. His memory on this important point is very obscure. Stein testified that a man named- Hazlett, agent for Fountain, had brought a suit against Side & Beisfeld, presumably for the rent of the store. Hazlett’s office was with Sire, and Sire’s employees were accustomed to obey him. The testimony is very conflicting . and confused. This confusion could have been cleared by the production of witnesses within reach. There was, however, evidence sufficient to support the finding of the justice, who had all the parties before him, and could best determine where the truth lay.

The judgment will, therefore, be affirmed, with costs.

Bischoff, J., concurs.

Judgment affirmed, with costs.  