Williams v. Wheeler

Appellate Division of the Supreme Court of New York

Williams v. Wheeler

57 N.Y.S. 857, 40 A.D. 615

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

DecidedMay 2, 1899

StatusPublished

This text of 57 N.Y.S. 857 (Williams v. Wheeler) 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

Williams v. Wheeler, 57 N.Y.S. 857, 40 A.D. 615 (N.Y. Ct. App. 1899).

Pincite

Opinion

PER CURIAM.

While it is true that neither the county court nor this court can reverse the judgment of a justice of the peace on a disputed question of fact, the dispute must be real and substantial to have this rule apply. The defendant swore positively to the payment of $10 on account of his debt on December 10, 1896. The only response plaintiff would make to this was that he could not swear whether the defendant did pay him that sum or not. We regard this denial as illusory and unsubstantial. The defendant should have been allowed this credit.

The judgment of the county court and of the justice of the peace should be modified by reducing the judgment of the justice to the sum of $4.59, and, as reduced, affirmed, without costs of this appeal, either in the county court or in this court, to either' party as against the other.

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PER CURIAM.

While it is true that neither the county court nor this court can reverse the judgment of a justice of the peace on a disputed question of fact, the dispute must be real and substantial to have this rule apply. The defendant swore positively to the payment of $10 on account of his debt on December 10, 1896. The only response plaintiff would make to this was that he could not swear whether the defendant did pay him that sum or not. We regard this denial as illusory and unsubstantial. The defendant should have been allowed this credit.

The judgment of the county court and of the justice of the peace should be modified by reducing the judgment of the justice to the sum of $4.59, and, as reduced, affirmed, without costs of this appeal, either in the county court or in this court, to either' party as against the other.

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Bluebook (online)

57 N.Y.S. 857, 40 A.D. 615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-wheeler-nyappdiv-1899.