Federal Varnish Co. v. Boelsen

Appellate Terms of the Supreme Court of New York

Federal Varnish Co. v. Boelsen

128 N.Y.S. 658

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 8, 1911

StatusPublished

This text of 128 N.Y.S. 658 (Federal Varnish Co. v. Boelsen) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Federal Varnish Co. v. Boelsen, 128 N.Y.S. 658 (N.Y. Ct. App. 1911).

Pincite

Opinion

PER CURIAM.

The trial justice did not dismiss the counterclaims, but gave judgment after both parties had rested. Though the testimony produced by. the defendants was not contradicted, it was given by witnesses directly interested in the result or having a confessed bias, and was subject to the court’s scrutiny. It was improbable [659]*659in many particulars, and the witness ICiernan and the defendant Fass fail to agree in their testimony as to the representations made by Kiernan. It does not appear that the trial justice credited these witnesses, and the judgments should be affirmed, with costs.

Judgments affirmed, with costs.

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PER CURIAM.

The trial justice did not dismiss the counterclaims, but gave judgment after both parties had rested. Though the testimony produced by. the defendants was not contradicted, it was given by witnesses directly interested in the result or having a confessed bias, and was subject to the court’s scrutiny. It was improbable [659]*659in many particulars, and the witness ICiernan and the defendant Fass fail to agree in their testimony as to the representations made by Kiernan. It does not appear that the trial justice credited these witnesses, and the judgments should be affirmed, with costs.

Judgments affirmed, with costs.

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Bluebook (online)

128 N.Y.S. 658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/federal-varnish-co-v-boelsen-nyappterm-1911.