Smith v. Hahn

New York Supreme Court

Smith v. Hahn

8 N.Y.S. 663, 30 N.Y. St. Rep. 349, 55 Hun 611, 1890 N.Y. Misc. LEXIS 1704

DecidedFebruary 12, 1890

StatusPublished

This text of 8 N.Y.S. 663 (Smith v. Hahn) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Hahn, 8 N.Y.S. 663, 30 N.Y. St. Rep. 349, 55 Hun 611, 1890 N.Y. Misc. LEXIS 1704 (N.Y. Super. Ct. 1890).

Pincite

Opinion

Pratt, J.

The testimony of the defendants, if it is to be credited, established the existence of a valid debt in favor of the daughter, and against the mother. The infancy of the daughter did not disqualify her from accepting the deed. As the trial judge, who saw the witnesses, has believed their statement, we think an appellate court would not be justified in interfering with his decision. It is a pure question of fact, upon which he is best fitted to decide. The claims urged by appellant against the judgment are all obviated, if we assume the two defendants testified truly. Judgment affirmed, but without costs. All concur

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

Pratt, J.

The testimony of the defendants, if it is to be credited, established the existence of a valid debt in favor of the daughter, and against the mother. The infancy of the daughter did not disqualify her from accepting the deed. As the trial judge, who saw the witnesses, has believed their statement, we think an appellate court would not be justified in interfering with his decision. It is a pure question of fact, upon which he is best fitted to decide. The claims urged by appellant against the judgment are all obviated, if we assume the two defendants testified truly. Judgment affirmed, but without costs. All concur

Cite This Page — Counsel Stack

Bluebook (online)

8 N.Y.S. 663, 30 N.Y. St. Rep. 349, 55 Hun 611, 1890 N.Y. Misc. LEXIS 1704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-hahn-nysupct-1890.