Appellate Terms of the Supreme Court of New York November 24, 1908 (Collins v. Star Co.)

PER CURIAM.

The plaintiffs brought this action to recover the value of a horse hired by them to the defendant, which was not return*1056ed to the plaintiffs. The defense was that the horse had been killed by a third party through no negligence on the part of the defendant. The pleadings were oral. Upon the trial the hiring failure to return and value of the horse were not contested.