Pew v. McCaul

The Superior Court of New York City

Pew v. McCaul

11 Misc. 711, 64 N.Y. St. Rep. 879

The Superior Court of New York City·Decided January 15, 1895·Published

Opinion

Freedman, J.

The judgment appealed from is for foreclosure and sale under a mechanic’s lien filed by plaintiff. [712] . The substantial controversy between the parties vjas as to the amount due under the lien. Upon a full' review of the whole cáse, it appears that upon the- evidence the referee had sufficient, grounds for finding, and for refusing to find,, as he did; that the exceptions- taken by the defendants to the rulings of the referee upon questions of evidence are without merit, and that' no substantial reason- exists- which, calls for reversal..

The judgment should be affirmed, with costs.

McAdam and Gildersleeve, JJ., concur.

Judgment affirmed, with costs.

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Freedman, J.

The judgment appealed from is for foreclosure and sale under a mechanic’s lien filed by plaintiff. [712] . The substantial controversy between the parties vjas as to the amount due under the lien. Upon a full' review of the whole cáse, it appears that upon the- evidence the referee had sufficient, grounds for finding, and for refusing to find,, as he did; that the exceptions- taken by the defendants to the rulings of the referee upon questions of evidence are without merit, and that' no substantial reason- exists- which, calls for reversal..

The judgment should be affirmed, with costs.

McAdam and Gildersleeve, JJ., concur.

Judgment affirmed, with costs.

Pew v. McCaul, 11 Misc. 711, 64 N.Y. St. Rep. 879 (N.Y. Super. Ct. 1895).

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