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Carr v. Hilton

59 N.Y.S. 1100 Court N.Y. App. Term Decision date 1899-07-26 English

Delivered by LEVENTRITT, J.

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p. 1100
CARR, Respondent, v. HILTON et al., Appellants.
(Supreme Court, Appellate Term.
July 26, 1899.)

Headnote

Action by Benjamin J. Carr, Jr., against Henry G. Hilton and wife. From a judgment in favor of plaintiff, defendants appealed.
Affirmed.
Howard P. Okie, for appellants. William R. Bronk, for respondent.

This judgment must be affirmed. The record presents no question of law, and on the sole question of fact litigated— whether the plaintiff or the plaintiff’s father was the real party in interest—the justice found against the defendants. No injustice has, been done, and, following our settled practice, we shall not disturb Ms finding. Judgment affirmed, with costs to respondent. All concur.