Hewitt v. Kent

Appellate Terms of the Supreme Court of New York

Hewitt v. Kent

33 Misc. 745, 67 N.Y.S. 1134

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 15, 1900

StatusPublished

This text of 33 Misc. 745 (Hewitt v. Kent) 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

Hewitt v. Kent, 33 Misc. 745, 67 N.Y.S. 1134 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Curiam.

Evidence was given on the trial which tended to show that the defendant surrendered and the plaintiff accepted a surrender of the lease of the premises. It is true that the testimony on the part of the defendant was contradicted by a witness for the plaintiff, but the justice before whom the case was tried had the right to believe the two witnesses for the defendant, instead oí the one witness for the plaintiff.

There is nothing in the memoranda of the justice that tends to show that he did not believe the two witnesses for the defendant.

Judgment affirmed, with costs.

Present: Truax, P. J., Scott and Dugbo, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Evidence was given on the trial which tended to show that the defendant surrendered and the plaintiff accepted a surrender of the lease of the premises. It is true that the testimony on the part of the defendant was contradicted by a witness for the plaintiff, but the justice before whom the case was tried had the right to believe the two witnesses for the defendant, instead oí the one witness for the plaintiff.

There is nothing in the memoranda of the justice that tends to show that he did not believe the two witnesses for the defendant.

Judgment affirmed, with costs.

Present: Truax, P. J., Scott and Dugbo, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

33 Misc. 745, 67 N.Y.S. 1134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hewitt-v-kent-nyappterm-1900.