Richardson v. Borrill

Appellate Terms of the Supreme Court of New York

Richardson v. Borrill

32 Misc. 718, 65 N.Y.S. 1144

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 15, 1900

StatusPublished

This text of 32 Misc. 718 (Richardson v. Borrill) 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

Richardson v. Borrill, 32 Misc. 718, 65 N.Y.S. 1144 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Curiam.

In view of the receipt of August eleventh (Defendant’s Exhibit B), the conflict between the statements of the witness M. H. Barton and her signatures, the improbability of the truth of the plaintiff’s evidence that she did not know of the sale by her mother in August, and the fact that it does not appear that plaintiff made any claim until December, the defendant should have prevailed.

The value of the property in question was fixed by the judgment at $100, although there was no evidence of value.

For the reasons assigned the judgment will be reversed and a new trial ordered, with costs to the appellant to abide the event.

Present: Truax, P. J., and Dugro, J.

Judgment reversed and new trial ordered, with costs to appellant to abide event.

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