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Fried v. Stein

38 N.Y.S. 971 Court N.Y. City Ct. Decision date 1896-04-27 English

Delivered by McCARTHY, J.

Contents

Majority

p. 971
FRIED v. STEIN et al.
(City Court of New York, General Term.
April 27, 1896.)

Headnote

Evidence—Weight—Quality of Testimony.
Weight of evidence is not determined by the number of witnesses, but by the quality of the testimony; and it is for the jury to determine where the weight lies.
Appeal from trial term.
Action by Morris Fried against Julius Stein and another. There was a judgment for plaintiff, and defendants appeal.
Affirmed.
Argued before VAN WYCK, C. J., and McCARTHY, J.
Samuel Fleischman, for appellants.
A. H. Berrick, for respondent.

After a careful examination of the evidence, we think the questions of fact were properly submitted to the jury. Weight of evidence is not determined by the number of witnesses, but the quality of the testimony, and this has been fairly left to the jury. We think there is enough to support their verdict, and, finding no errors of law, the judgment is affirmed, with costs.