Fuller v. Wise

The Superior Court of New York City

Fuller v. Wise

1 Misc. 515, 50 N.Y. St. Rep. 940

CourtThe Superior Court of New York City

DecidedDecember 15, 1892

StatusPublished

This text of 1 Misc. 515 (Fuller v. Wise) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fuller v. Wise, 1 Misc. 515, 50 N.Y. St. Rep. 940 (N.Y. Super. Ct. 1892).

Pincite

Opinion

Gildersleeve, J.

This is an appeal from an order made at Special Term denying a motion made by Charles Wise, the defendant, to have a judgment that had been entered herein for costs, marked satisfied in full of record, upon the ground that it had been fully paid in settlement of another matter.

The only question involved on the motion below, and that is now presented for consideration on this appeal, is one of fact. We have carefully examined the record, and cannot find such a preponderance of evidence in support of the [516]*516defendant’s contention as to warrant us in disturbing the order made by the learned judge below

The order appealed from must be affirmed, with ten dollars costs and disbursements.

Freedman and McAdam, JJ,, concur.

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Gildersleeve, J.

This is an appeal from an order made at Special Term denying a motion made by Charles Wise, the defendant, to have a judgment that had been entered herein for costs, marked satisfied in full of record, upon the ground that it had been fully paid in settlement of another matter.

The only question involved on the motion below, and that is now presented for consideration on this appeal, is one of fact. We have carefully examined the record, and cannot find such a preponderance of evidence in support of the [516]*516defendant’s contention as to warrant us in disturbing the order made by the learned judge below

The order appealed from must be affirmed, with ten dollars costs and disbursements.

Freedman and McAdam, JJ,, concur.

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Bluebook (online)

1 Misc. 515, 50 N.Y. St. Rep. 940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fuller-v-wise-nysuperctnyc-1892.