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Allen v. Clark

28 N.Y.S. 1142 Court N.Y.C.P. Decision date 1894-05-17 English

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p. 1142
ALLEN, Respondent, v. CLARK, Appellant.
(Common Pleas of New York City and County, General Term.
May 17, 1894.)

Headnote

Action by John Allen against Francis A. Clark.
Argued before BOOKSTAVER, BISCHOFF, and PRYOR, JJ.
S. Lobenthal, for appellant.
Earley & Prendergast, for respondent.

It is clear that we cannot review the evidence in order to determine whether there is a preponderance on the one side or the other. The general term of the city court has passed upon that, and its decision is final. The claim that the verdict is against the preponderance of evidence admits that there is some evidence to support the verdict. There is no other question raised in the joints of the appellant, and the judgment must be affirmed, with costs.