Hewitt v. Kent — 67 N.Y.S. 1134

Majority

p. 1134

HEWITT, Appellant, v. KENT, Respondent.

(Supreme Court, Appellate Term.

November 12, 1900.)

Headnote

Action by Sarah Hewitt against Louis Kent. From a judgment in favor o£ the defendant, plaintiff appeals.

Affirmed.

Parsons, Shepard & Ogden, for appellant.

J. P. Fallon, Jr., for respondent.

Evidence was given on the trial which tended to show that the defendant surrendered, and the plaintiff accepted a surrender, of the lease of the .premises. It is true that the testimony on the part of the defendant was contradicted by a witness for the plaintiff; but the justice before whom the case was tried had the right to believe the two witnesses for the defendant, instead of the one witness for the plaintiff. There is nothing in the memoranda of the justice that tends to show that he did not believe the two witnesses for the defendant. Judgment affirmed, with costs.