Wherry v. Gaudy
This text of 68 A.D. 642 (Wherry v. Gaudy) 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.
Opinion
It hardly seems necessary to discuss this case. Appellant’s counsel, if he has any confidence in the appeal, does not suggest any very tangible grounds for interference. His brief consists of the single sentence: “The judgment is against the weight of evidence and should, therefore, be reversed.” It is not against the weight of evidence; the plaintiff has established his cause of action, and the most that can be said is that there is a conflict of evidence, which the trial court has resolved in favor of the plaintiff, and, as I think, correctly. There should be an affirmance of the judgment. All concurred.
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Cite This Page — Counsel Stack
68 A.D. 642, 73 N.Y.S. 1150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wherry-v-gaudy-nyappdiv-1902.