Schulehofer v. Fink

Appellate Division of the Supreme Court of New York

Schulehofer v. Fink

91 N.Y.S. 1111

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

DecidedDecember 15, 1904

StatusPublished

This text of 91 N.Y.S. 1111 (Schulehofer v. Fink) 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

Schulehofer v. Fink, 91 N.Y.S. 1111 (N.Y. Ct. App. 1904).

Pincite

Opinion

PER CURIAM.

The question of fact as to the competency and fidelity of plaintiff’s assignor was determined upon conflicting evidence, and this determination had ample support in the evidence. It is apparent that the failure of the court below to allow to the defendant the credit of $42, earned by the assignor between the discharge and the trial, was inadvertent. This sum should have been offset. The judgment must be modified by reducing it to that extent, and, as modified, affirmed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The question of fact as to the competency and fidelity of plaintiff’s assignor was determined upon conflicting evidence, and this determination had ample support in the evidence. It is apparent that the failure of the court below to allow to the defendant the credit of $42, earned by the assignor between the discharge and the trial, was inadvertent. This sum should have been offset. The judgment must be modified by reducing it to that extent, and, as modified, affirmed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

91 N.Y.S. 1111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schulehofer-v-fink-nyappdiv-1904.