People ex rel. Hilton v. Lewis

Hill, P. J. (dissenting).

This matter is now before us as an appeal from the Rensselaer Special Term which adopted and approved the findings of a referee. The earlier decision by which this court appointed a referee has been set aside. The referee who heard the witnesses and the Special Term which adopted his findings were better qualified to pass upon the question of fact than this court. This court is not warranted in substituting its judgment as to value for the amount found by the trial court.

The decision of this court on the prior argument, handed down March 15, 1939 [256 App. Div. 479],…