Rosenthal v. Cohen

Appellate Terms of the Supreme Court of New York

Rosenthal v. Cohen

34 Misc. 796, 69 N.Y.S. 893

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 15, 1901

StatusPublished

This text of 34 Misc. 796 (Rosenthal v. Cohen) 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

Rosenthal v. Cohen, 34 Misc. 796, 69 N.Y.S. 893 (N.Y. Ct. App. 1901).

Pincite

Opinion

Bischoff, P. J.

The plaintiff’s testimony shows the making of the lease, and, while the defendant contradicted him, the preponderance of the evidence was readily to be found with the [797]*797plaintiff if the justice, after observing the demeanor of the two opposing witnesses, was impressed with the better credibility of that party.

The check produced by the defendant, to support his claim of payment, was drawn in an amount which does not correspond with the rent thus asserted to have been paid, and the probabilities are certainly not against the plaintiff’s testimony that this check was in payment of an indebtedness upon other transactions which admittedly took place between the parties.

The finding of the justice upon this simple conflict of fact presents nothing for this court to review.

Leventritt and Clárke, JJ., concur.

Judgment affirmed, with costs.

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