Fowler v. Titzel

Appellate Terms of the Supreme Court of New York

Fowler v. Titzel

110 N.Y.S. 1128

Appellate Terms of the Supreme Court of New York·Decided May 15, 1908·Published

Opinion

PER CURIAM.

The only point advanced by the appellant is that the evidence offered on behalf of the defendant did not raise a question of fact. On the contrary, the record shows, not only that there was a question of fact raised very sharply, but also that on such issue the defendant’s testimony was corroborated by other witnesses, especially the witness Wright. We can find no reason for differing with tbe conclusion reached by the trial justice. Judgment affirmed, with costs.

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PER CURIAM.

The only point advanced by the appellant is that the evidence offered on behalf of the defendant did not raise a question of fact. On the contrary, the record shows, not only that there was a question of fact raised very sharply, but also that on such issue the defendant’s testimony was corroborated by other witnesses, especially the witness Wright. We can find no reason for differing with tbe conclusion reached by the trial justice. Judgment affirmed, with costs.

Fowler v. Titzel, 110 N.Y.S. 1128 (N.Y. Ct. App. 1908).

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