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Horn v. Traina

157 N.Y.S. 908 Court Argued February term, 1916, before LEHMAN, WEEKS, and DELEHANTY, JJ. Decision date 1916-03-13 English

Delivered by WEEKS, J.

Contents

Majority

p. 908
HORN v. TRAINA et al.
(Supreme Court, Appellate Term, First Department.
March 13, 1916.)

Headnote

Appeal and Error <@=31010—Review—Weight op Evidence.
Where the determination of the trial justice was not contrary to the weight of evidence, it will not be disturbed.
[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 3979-3982, 4024; Dec. Dig. <@=31010.]
<g^>For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
Appeal from Municipal Court, Borough of Manhattan, First District.
Action by John A. Horn against Anthony Traína and Gaetano Traína. From a judgment in favor of plaintiff, defendants appeal. Judgment reversed as to defendant Gaetano Traína, and affirmed as to defendant Anthony Traína.
Argued February term, 1916, before LEHMAN, WEEKS, and DELEHANTY, JJ.
Hirson & Bertini, of New York City (Max M. Hirson and Amedeo A. Bertini, both of New York City, of counsel), for appellants.
William F. Wund, of New York City, for respondent.

There was no evidence to support the claim of partnership between the defendants, and the motion to< dismiss the complaint as to the defendant Gaetano Traína should have been granted.

Upon the other questions in dispute, however, the determination of the trial justice is not contrary to the weight of evidence, and it should not be disturbed.

The judgment, therefore, should be reversed as to Gaetano Traína, without costs, and complaint dismissed, without costs, and affirmed as to defendant Anthony Traína, with $25 costs. All concur.