Kind v. Bertine

Appellate Division of the Supreme Court of New York

Kind v. Bertine

74 A.D. 620, 77 N.Y.S. 45

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 15, 1902

StatusPublished

This text of 74 A.D. 620 (Kind v. Bertine) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kind v. Bertine, 74 A.D. 620, 77 N.Y.S. 45 (N.Y. Ct. App. 1902).

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Opinion

Per Curiam:

This action was brought to recover $189 for board alleged to have been furnished by the plaintiff to Mrs. Anna M. E. Detmers, the testatrix of the defendants, The case was tried before a referee, who decided against the claim, and from the judgraenfc entered upon his report the plaintiff has. appealed. The record contains no exceptions to the findings of fact or law. The appellant, therefore, has no standing to question their correctness in this court. (Millar v. Larmer, 85 Hun, 313.) There are six exceptians by the plaintiff to rulings of the referee upon questions of evidence, but none of these discloses any error. Notwithstanding the absence of any exception to the decision we have carefully gone over the evidence and are of the opinion that it fully sustains the referee's conclusion. The judgment must be affirmed. All concurred.

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Per Curiam:

This action was brought to recover $189 for board alleged to have been furnished by the plaintiff to Mrs. Anna M. E. Detmers, the testatrix of the defendants, The case was tried before a referee, who decided against the claim, and from the judgraenfc entered upon his report the plaintiff has. appealed. The record contains no exceptions to the findings of fact or law. The appellant, therefore, has no standing to question their correctness in this court. (Millar v. Larmer, 85 Hun, 313.) There are six exceptians by the plaintiff to rulings of the referee upon questions of evidence, but none of these discloses any error. Notwithstanding the absence of any exception to the decision we have carefully gone over the evidence and are of the opinion that it fully sustains the referee's conclusion. The judgment must be affirmed. All concurred.

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Bluebook (online)

74 A.D. 620, 77 N.Y.S. 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kind-v-bertine-nyappdiv-1902.