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Vanderbeck v. Armstrong

14 N.Y. St. Rep. 927 Court N.Y. Gen. Term Decision date 1888-02-13 English

Delivered by Pratt, J.

Contents

Majority

p. 927
HENRY A. VANDERBECK, Resp’t, v. JAMES ARMSTRONG and others, Executors, etc., of JOHN TAYLOR, Deceased, App’lts.

Headnote

The appeal is from a judgment upon the report of a referee, confirmed by an order made at the Kings county special term, such reference having been made under the statute with reference to disputed claims against estates.
William H. Hawson, for app’lts; John E. Eustis, for resp’t.

The questions are purely of fact and have been passed upon by the referee who had the advantage of seeing the witnesses.

If there is any preponderance of evidence against the plaintiff it is not such as warrants interference with the judgment.

The voluminous evidence has evidently been carefully considered, and the judgment must be affirmed, with costs.

Barnard, P. J., and Dykman, J., concur.