Nolan v. Lewis — 58 N.Y. St. Rep. 389

Majority

p. 389

Thomas Nolan, Resp’t, v. John P. Lewis, App’lt.

(New York Common Pleas, General Term,

Filed April 2, 1894.)

Headnote

Appeal -Evidence.

The general term of common pleas will have nothing to do with an appeal from a judgment of the district court, where the record discloses a conflict of evidence and presents no questions of law.

Appeal from a judgment of the district court in the city of New York for the fourth judicial district rendered by the justice, without a jury, in favor of the plaintiff. Action for services.

John Habenfeld, for app’lt; Thomas Nolan, for resp’fc.

Theplaintiff sued for the value of services rendered by him to the defendant in the capacity of attorney and counsellor. As to the fact of plaintiff’s employment by defendant, the record discloses a conflict of evidence with which we have nothing to do. That the services in question were performed is not disputed and we find no reason for holding that the sum of $100, as found by the justice to be the reasonable value therefor, is excessive. No questions of law are presented by the record.

Judgment affirmed, with costs.