Hardegg v. Willards
New York Court of Common Pleas
Appeal from district court. Action by Frederick Hardegg against Willards, a corporation, for injury to a picture. A judgment was rendered in favor of plaintiff, and defendant appeals.
1Opinion of the CourtPryor, J.
The judgment for the plaintiff must be taken as resolving all controverted questions of fact in his favor. Sutter v. Vanderver, 122 N. Y. 652, 654, 25 N. E. 907. Upon appeal from a district court, we will not, except in case of clear injustice, review and readjust the weight of evidence. Patterson, etc., Co. v. Lichtenstein Bros. Co., 9 Misc. Rep. 126, 29 N. Y. Supp. 279; Lynes v. Hickery, 4 Misc. Rep. 522, 24 N. Y. Supp. 781. It is idle, then, to argue that the deposit of the picture with the defendant was upon a gratuitous bailment, for the evidence shows a reciprocal benefit to the…
2Cases cited8 opinions
- Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
- Lynes v. HickeyNew York Court of Common Pleas · 1893
- Sutter v. . VanderveerNew York Court of Appeals · 1890
- Nicholson v. ConnerNew York Court of Common Pleas · 1879
- Courtney v. . BakerNew York Court of Appeals · 1875
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3Cited by1 opinion
- Emerald & Phoenix Brewing Co. v. LeonardAppellate Terms of the Supreme Court of New York · 1897