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Deuel v. Greenwood

129 N.Y.S. 1120 Court N.Y. App. Term Decision date 1911-05-18 English

Delivered by SEABURY, J.

Contents

Majority

p. 1120
DEUEL v. GREENWOOD.
(Supreme Court, Appellate Term.
May 18, 1911.)

Headnote

Appeal from City Court of New York, Trial Term. Action by Walter B. Deuel against Julia M. Greenwood, as administratrix of the goods, chattels, and credits of Clark Greenwood, deceased. From a City Court judgment in favor of defendant, and from an order denying plaintiff’s motion for a new trial, he appeals.
Affirmed.
Julius M. Lowenstein, for appellant. Crocker & Wickes, for respondent.

After a review of the whole case, we are satisfied that no other verdict than that which the jury rendered could be upheld. Under these circumstances, we think that the judgment should be affirmed, although in our opinion the charge of the learned trial judge was not free from error. In view of the conclusion at which we have arrived from a review of the whole case, we do not believe this error prejudicial. Judgment affirmed, with costs. All concur.