Fowler v. Titzel — 110 N.Y.S. 1128

Majority

p. 1128

FOWLER v. TITZEL.

(Supreme Court, Appellate Term.

May 15, 1908.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Eleventh District. Action by Robert G. Fowler against George T. Titzel. From a judgment dismissing the complaint on the merits, plaintiff appeals. Affirmed.

Florence J. Sullivan, for appellant.

Slater & Press (Frederick S. Randall and Louis Fridiger, of counsel), for respondent.

The only point advanced by the appellant is that the evidence offered on behalf of the defendant did not raise a question of fact. On the contrary, the record shows, not only that there was a question of fact raised very sharply, but also that on such issue the defendant’s testimony was corroborated by other witnesses, especially the witness Wright. We can find no reason for differing with tbe conclusion reached by the trial justice. Judgment affirmed, with costs.