Warshawsky v. Horowitz — 68 N.Y.S. 774

Majority

p. 774

WARSHAWSKY v. HOROWITZ.

(Supreme Court, Appellate Term.

February 25, 1901.)

Headnote

Trial—Evidence—Findings—Appeal and Error.

Where, in an action for the work done in the manufacture of cloaks, the amount of plaintiff’s claim was admitted, and the trial court found in favor of the defendant on his counterclaim for loss caused by plaintiff spoiling certain garments, and such finding was not against the weight of evidence, the judgment should be affirmed.

Appeal from municipal court, borough of Manhattan, Fourth district.

Action by Isaac Warshawsky against Meyer Horowitz. From a judgment in favor of plaintiff for less than the amount sued for, plaintiff appeals.

Affirmed.

p. 775

Argued before ANDREWS, P. J., and O’GORMAN and BLANCHARD, JJ.

C. L. Schurz, for appellant.

J. Friedman, for respondent.

The plaintiff sued to recover for work done as an operator on cloaks and garments made for the defendant, who was ■ a manufacturer of such articles. The defendant admitted that, except for work alleged to have been spoiled by the plaintiff, the amount due him was $86.20. The defendant claimed that the plaintiff had spoiled eight garments, causing a loss to the defendant of five dollars each, and the trial justice, upon conflicting evidence, decided that the claim of the defendant was well founded, and rendered judgment in favor of the plaintiff for the sum of $46.20, without costs. That decision is not against the weight of evidence, and the judgment should be affirmed, with costs of the appeal to the respondent. All concur.