Allen v. Smith — 144 N.Y.S. 1103

Majority

p. 1103

ALLEN, Respondent, v. SMITH, Appellant.

(Supreme Court, Appellate Division, Second Department.

November 21, 1913.)

Headnote

Action by C. Dudley Allen against Abiel L. Smith. •

Judgment reversed, and new trial granted, costs to abide the final award -of costs, upon questions of fact as well as of law, and the following findings of fact are reversed, as either being contrary to the weight of the evidence in the case, or without any evidence to support them: Nos. 4, 12, 13, 14, 15, 16, so much of 17 as follows the words Dean Pond, 21, 23, 24, 25, 26, 27, 28, 29, 31, 33, and 35, respectively. 1