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Wherry v. Gaudy

73 N.Y.S. 1150 Court N.Y. App. Div. Decision date 1902-01-17 English

Delivered by WOODWARD, J.

Contents

Majority

p. 1150
WHERRY v. GAUDY.
(Supreme Court, Appellate Division, Second Department.
Janu
p. 1151
ary 17, 1902.)

Headnote

Action by Richard Wherry igainst Annie Gaudy. From a judgment for daintiff, defendant appeals. Affirmed. Walter ÍY. Bahan, for appellant. Clarence Edwards, :or respondent.

It hardly seems necessary o discuss this case. Appellant’s counsel, if he as any confidence in the appeal, does not sug;est any very tangible grounds for interfernee. His brief consists of the single sentence: ‘The judgment is against the weight of evidence and should therefore be reversed.” It is not against the weight of evidence. The plaintiff has established his cause of action, and the most that can be said is that there is a conflict of evidence, which the trial court has resolved in favor of the plaintiff, and, as I think, correctly. There should be an affirmance of the judgment. Judgment of the municipal court affirmed, with costs. All concur.