Henry v. Agostini
New York Court of Common Pleas
Appeal from city court, general term. Action by Ralph Henry against Joseph Agostini and others. From a judgment of the city court (31 N. Y. Supp. 1128) affirming a judgment in favor of plaintiff, defendants appeal.
1Opinion of the CourtPryor, J.
The argument of the appellants proceeds on the assumption of power in this court to reverse the judgment because contrary to the weight of evidence, whereas our only function, is to ascertain whether the findings of the trial judge be supported by any competent evidence. Farley v. Lyddy, 8 Daly, 514; McEteere v. Little, Id. 167. In resistance to a recovery by plaintiff for work and material on defendants’ buildings, the defenses were— First, that the contract was not with defendants; and, secondly, nonperformance of the contract by the plaintiff. As upon both issues, the plaintiff produced…
2Cases cited9 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Dearing v. PearsonNew York Court of Common Pleas · 1894
- Newhall v. . AppletonNew York Court of Appeals · 1886
- Campbell v. JimenesNew York Court of Common Pleas · 1893
- De Camp v. . McIntireNew York Court of Appeals · 1889
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3Cited by1 opinion
- Lossing v. CushmanAppellate Division of the Supreme Court of the State of New York · 1908