Hyperlawhypertext legal database American Watchman's Time-Detector Co. v. American Exchange National Bank 68 N.Y.S. 823

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American Watchman's Time-Detector Co. v. American Exchange National Bank

68 N.Y.S. 823 Court N.Y. App. Term Decision date 1901-02-25 English

Delivered by ANDREWS, P. J.

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p. 823
AMERICAN WATCHMAN’S TIME-DETECTOR CO. v. AMERICAN EXCH. NAT. BANK.
(Supreme Court, Appellate Term.
February 25, 1901.)

Headnote

Conflicting Evidence—Review.
A judgment on conflicting evidence will not be reversed.
Appeal from municipal court, borough of Manhattan, First district.
Action by American Watchman’s Time-Detector Company against American Exchange National Bank. From a judgment for plaintiff, defendant appeals.
Affirmed.
Argued before ANDREWS, P. J., and O’GORMAN and BLANCHARD, JJ.
W. L. Bunnell, for appellant.
Cardoza & Nathan, for respondent.

This is an appeal by the plaintiff from a judgment for the defendant in an action in the municipal court. The action was brought by the plaintiff to recover $297 for the alleged loss of profits on an alleged oral contract by which the plaintiff claimed he was to furnish and place in the defendant’s new bank building what is known as a “Watchman’s Time Clock,” with connections. The main-question involved was whether such a contract was made between the plaintiff and the defendant, and the municipal court decided, upon conflicting evidence, that no such contract was ever made.

I ,am of the opinion that the decision of the municipal court was correct, and that the judgment should be affirmed. All concur.