Parsons v. Teller
Appellate Division of the Supreme Court of the State of New York
Appeal- by the defendant, Greorge R. Teller, as administrator with the will annexed, etc.,, of.Daisy Fletcher King Smith, deceased, from a .judgment of the Supreme Court in favor of -the plaintiff, entered in the office o'f the clerk of the county of Erie on the 6th day of February, 1905, upon the decision of the' court rendered after a trial at the Erie Trial Term, the jury having been discharged. The plaintiff is a maiden lady residing in Buffalo.
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Appeal- by the defendant, Greorge R. Teller, as administrator with the will annexed, etc.,, of.Daisy Fletcher King Smith, deceased, from a .judgment of the Supreme Court in favor of -the plaintiff, entered in the office o'f the clerk of the county of Erie on the 6th day of February, 1905, upon the decision of the' court rendered after a trial at the Erie Trial Term, the jury having been discharged. The plaintiff is a maiden lady residing in Buffalo. The defendant’s testatrix, in her early girlhood, by name- Daisy King, lived, with - her grandmother, Mrs. Pratt, in that city until- the-…
1Opinion of the Court
Spring, J.:
At the close of the evidence each party moved for the direction of a verdict. By consent of the parties the jury was discharged and the case submitted to the justice presiding, who subsequently rendered his decision containing findings of fact and conclusions of law and directed judgment in favor of the plaintiff. The facts are found in the decision with great detail and settle the conflicting facts and any inferences fairly deducible therefrom in favor of the plaintiff. Each finding is supported by evidence to sustain it and a new trial should not be ordered unless we are…
2Cases cited7 opinions
- Hamer v. . SidwayNew York Court of Appeals · 1891
- Sims v. EverhardtSupreme Court of the United States · 1880
- Blinn v. . SchwarzNew York Court of Appeals · 1904
- Baird v. BairdNew York Court of Appeals · 1895
- Caulfield v. . SullivanNew York Court of Appeals · 1881
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