Cullman v. Colell — 3 N.Y.S. 945

Majority

p. 945

Cullman et al. v. Colell.

(Superior Court of New York City, General Term.

May 7,1888.)

Headnote

Appeal from judgment on report of referee.

Action by Joseph F. Cullman and others against Herman Colell. There was a judgment for plaintiffs, and defendant appeals.

Argued before Sedgwick, C. J„ and Freedman and O’Gorman, JJ.

M. L. Towers, for appellant. Samuel W. Weiss, for respondents.

All the exceptions taken by the defendant during trial appear to be untenable. To the findings made by the referee, and his refusals to find, the defendant took but a single exception. It was to the conclusion of the referee from the facts found by him. The conclusion was correct.

Judgment affirmed, with costs.