Schulehofer v. Fink

Appellate Division of the Supreme Court of New York

Schulehofer v. Fink

91 N.Y.S. 1111

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1904·Published

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.

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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.

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

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