Hyman v. Hearn

Appellate Terms of the Supreme Court of New York

Hyman v. Hearn

28 Misc. 767, 59 N.Y.S. 1107

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1899

StatusPublished

This text of 28 Misc. 767 (Hyman v. Hearn) 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

Hyman v. Hearn, 28 Misc. 767, 59 N.Y.S. 1107 (N.Y. Ct. App. 1899).

Pincite

Opinion

Freedman, P. J.

The issues litigated in this action were purely questions of fact and were mainly as to whether the goods sold by plaintiff’s assignor to the defendants were to be delivered in September or October following such purchase, and whether Daniel W. Hyman had authority to, and did, accept the return thereof.

Upon these issues both parties gave conflicting testimony, and the trial court decided in favor of the plaintiff. In arriving at such conclusion the judge does not seem to have been actuated by passion, prejudice or bias, nor does it appear that injustice has been done.

The judgment should, therefore, be affirmed.

MaoLean and Leventritt, JJ'., concur.

Judgment affirmed.

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