Sogn v. Eagle Savings & Loan Co.

Appellate Division of the Supreme Court of New York

Sogn v. Eagle Savings & Loan Co.

180 A.D. 910

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1917·Published

Opinion

Judgment affirmed, with costs. Our decision in Miller v. Eagle Savings & Loan Col (174 App. Div. 581) was not by us intended to overrule our former decision in Eagle Savings & Loan Co. v. Beakey (163 App. Div. 860), and should not be so regarded. While, doubtless, the evidence for plaintiffs was stronger in the Miller ease than was that for the defendant in the other, the Beakey case, yet we think that the evidence even in the former was such that the decision of the trial justice either way upon the facts would have here to be affirmed, and we. consider that to be the situation in the instant ease upon this record. Thomas, Stapleton, Mills, Rich and Putnam, JJ., concurred.

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

Judgment affirmed, with costs. Our decision in Miller v. Eagle Savings & Loan Col (174 App. Div. 581) was not by us intended to overrule our former decision in Eagle Savings & Loan Co. v. Beakey (163 App. Div. 860), and should not be so regarded. While, doubtless, the evidence for plaintiffs was stronger in the Miller ease than was that for the defendant in the other, the Beakey case, yet we think that the evidence even in the former was such that the decision of the trial justice either way upon the facts would have here to be affirmed, and we. consider that to be the situation in the instant ease upon this record. Thomas, Stapleton, Mills, Rich and Putnam, JJ., concurred.

Sogn v. Eagle Savings & Loan Co., 180 A.D. 910 (N.Y. Ct. App. 1917).

Pincite

180 A.D. 910 (Sogn v. Eagle Savings & Loan Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related