Holstein-Harvey-Kirk Co. v. H. Kirk & Sons, Inc.

Prentis, P.,

delivered the opinion of the court.

H. Kirk & Sons, Incorporated, hereinafter sometimes called plaintiff, has recovered a judgment against *86Hols tein-Harvey-Kirk Company, Incorporated, hereinafter sometimes called defendant. The proceeding was by attachment, and there was a jury trial. The defendant is here assigning error.

There are some conflicts in the testimony which seem to us inconsequential. The outstanding facts upon which the verdict and judgment are based may be thus summarized:

H. Kirk & Sons, Incorporated, had conducted a wholesale grocery business in the city of…