Richardson v. Borrill — 65 N.Y.S. 1144

Majority

p. 1144

RICHARDSON, Respondent, v. BORRILL, Appellant.

(Supreme Court, Appellate Term.

July 25, 1900.)

Headnote

Action by Lulu Richardson against Albert Borrill. Judgment for plaintiff, and defendant appeals. Reversed. William Henry Knox, for appellant. G. A. G. Barnett, for respondent.

In view of the receipt of August 11th, the conflict between the statements of the witness M. H. Barton and her signatures, the improbability of the triith of the plaintiff’s evidence that she did not know of the sale by her mother in August, and the fact that it does not appear that plaintiff made any claim until December, the defendant should have prevailed. The value of the property in question was fixed by the judgment at $100, although there was no evidence of value. For the reasons assigned, the judgment will be reversed, and a new trial ordered, with costs to the appellant to abide the event.

SCOTT, J., not voting.