Dayton v. Farmer — 211 A.D. 841

Majority

p. 841

First Department,

December, 1924.

James C. Dayton, as Executor and as Ancillary Executor, etc., of Kate McCallum Page, Deceased, Appellant, v. Grace G. Farmer, Respondent.

Headnote

Appeal from a judgment of the Supreme Court in favor of the defendant, entered in the New York county clerk’s office February 7, 1924, upon the decision of the court dismissing the complaint after a trial at Special Term.

The judgment appealed from should be affirmed, with costs to the respondent. The findings of fact as proposed by the plaintiff contained in “ plaintiff’s requests to find ” and numbered 9, 13 and 24, which under the interpretation given them by the plaintiff upon this appeal are inconsistent with the decision and findings signed by the learned trial justice, are, therefore, reversed as not justified by the evidence.

Present — Clarke, P. J., Dowling, Merrell, Martin and Burr, JJ.

Judgment affirmed, with costs.