Thomann v. Massetl — 67 N.Y.S. 83

Majority

p. 83

THOMANN v. MASSETL.

(Supreme Court, Appellate Term.

November 27, 1900.)

Headnote

Appeal and Error—Conflicting Testimony—Review.

Where the evidence as to the chief matters in controversy was conflicting, the appellate term will not disturb the judgment.

Appeal from municipal court, borough of Manhattan.

Action on account by Jacob Thomann against Anthony Massetl. _ From a judgment in favor of defendant, plaintiff appeals.

Affirmed.

Argued before BEEKMAN, P. J., and GIEGERTOH and O’GORMAN, JJ.

Maurice Rapp, for appellant.

Leopold W. Harburger, for respondent.

While the writing in this case evidences part of the engagement of the parties, it manifestly does not cover the subject which was especially litigated upon the trial, namely, the understanding as to the weight of the' article to be made by the plaintiff. This subject was presented to the court on conflicting evidence, and with the conclusion reached below.we see no reason for interfering. Judgment affirmed, with costs.