Gregory v. Fichtner
New York Court of Common Pleas
Appeal from city court, general term. Action by Amalie Gregory against August Fichtner, as executor of Hermann Schwannecke, deceased. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtPryor, J.
The contention that the proof was insufficient to authorize a verdict for the plaintiff is clearly untenable, and upon an appeal from a judgment of affirmance by the general term we have no jurisdiction to review the weight of evidence. We are confined, therefore, to the consideration of errors in law apparent on the record. As intimated, the court rightly refused, to dismiss the complaint, either for intrinsic defect or insufficiency of proof. The complaint alleges property in the plaintiff, possession by the defendant asbailee, his refusal on demand to deliver the jewelry, and its value.…
2Cases cited9 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Payne v. . GardinerNew York Court of Appeals · 1864
- Gillet v. . RobertsNew York Court of Appeals · 1874
- Grey v. . GreyNew York Court of Appeals · 1872
- Ganley v. . Troy City National BankNew York Court of Appeals · 1885
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3Cited by6 opinions
- Scognamillo v. PassarelliAppellate Division of the Supreme Court of the State of New York · 1913
- Finton v. EgglestonNew York Supreme Court · 1891
- Van Horn v. SwezeyConnecticut Appellate Court · 1963
- Hay v. MullerNew York Court of Common Pleas · 1894
- Parker v. ParsonsAppellate Division of the Supreme Court of the State of New York · 1903
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