Di Guiseppe v. Guzzetto Bros.

Stewart, P. J.,

This is a motion by the plaintiff for judgment n. o. v. The plaintiff’s contention is that the question of defendants’ agency should have been submitted to the jury. In the statement filed the plaintiff claimed that he had paid defendants $1905 to be deposited to his credit in Italy, and that the defendants, as a matter of fact, only deposited the sum of $1312.40 to his credit, thus leaving a balance of $592.60, which he claimed to recover. The defendants’ defence was that they sold him 34,000 lira and agreed to send those lira to Rome, and they had so sent them. On the trial…