Hirsh v. Auer
New York Supreme Court
Appeal from circuit court, Onondaga county. Action by Emma L. Hirsch and others against Frederick Auer, substituted as defendant in place of Clara Auer, deceased. There was a judgment in favor of plaintiffs for $1,618.50 and costs, rendered on a trial by the court without a jury, and defendant appeals.
1Opinion of the CourtHardin, P. J.
Having critically read and carefully considered all the evidence found in the appeal book upon the question of fact arising during the trial, we are of the opinion that the findings of the trial judge are supported by evidence, and are in accordance with the weight of the evidence, notwithstanding the testimony offered by the plaintiffs upon some of the vital issues of fact is contradicted by the testimony offered by the defendant in that regard. From the findings thus made, it appears that at the time the father of the plaintiffs obtained the second certificate, and made the same payable to…
2Cases cited14 opinions
- Day v. . RothNew York Court of Appeals · 1858
- Barry v. . LambertNew York Court of Appeals · 1885
- Gilman v. . McArdleNew York Court of Appeals · 1885
- Steere v. SteereNew York Court of Chancery · 1820
- Sabin v. . PhinneyNew York Court of Appeals · 1892
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3Cited by2 opinions
- Clark v. CallahanCourt of Appeals of Maryland · 1907
- Bliss v. BlissIdaho Supreme Court · 1911