Hyperlawhypertext legal database Duffy v. Dusenbury 99 N.Y.S. 1138

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Duffy v. Dusenbury

99 N.Y.S. 1138 Court N.Y. App. Term Decision date 1906-06-20 English

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p. 1138
DUFFY, Appellant, v. DUSENBURY, Respondent.
(Supreme Court, Appellate Term.
June 20, 1906.)

Headnote

Appeal from City Court of New York, Special Term. Action by Jane E. Duffy, as executrix of Terence J. Duffy, against Mabel C. Dusenbury. From a judgment in favor of defendant, and from an order denying a motion for a new trial, plaintiff appeals.
Judgment and order affirmed.
Clark A. Wick and Clark L. Jordan, for appellant.
Henry J. Hemmens and Charles S. Taylor, for respondent.

The sole question upon which we are asked to reverse the judgment is that it is based upon a verdict which is against the weight of evidence. While .the trial disclosed facts which militate against thé defense, and while perhaps a contrary verdict would have been more acceptable to us, the one rendered finds such support in the evidence that it should not be disturbed. Judgment and order affirmed.