Metal Stamping Co. v. Samuel
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by the Metal Stamping Company against David Samuel and others. From a judgment in favor of plaintiff, defendants appeal.
1Opinion of the CourtDowling, J.
This appeal comes up to be heard upon affidavits, as prescribed by section 319 'of the Municipal Court Act (Laws 1902, p. 1581, c. 580). An appeal under that section may be heard upon affidavits “as to the evidence and other proceedings taken, * * * and the court may determine the appeal as if a return had been duly made by the justice.” Walker v. Baermann, 44 App. Div. 587, 61 N. Y. Supp. 91, and same case, 47 App. Div. 635, 62 N. Y. Supp. 414. The appellants concede that the sole question at issue is one of fact. This issue was decided in favor of' the plaintiff in the court below, and an…
2Cases cited2 opinions
- Walker v. BaermannAppellate Division of the Supreme Court of the State of New York · 1899
- Walker v. BaermannAppellate Division of the Supreme Court of the State of New York · 1900