Drake v. Bell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward 0. Bell, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 18th day of February, 1899, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Hatch, J.:
The evidence taken upon the trial is not returned, and we must, therefore, assume that the same was sufficient to support the findings as made. Counsel for the defendant states in his brief: “ We admit the. findings of fact, but except to the conclusion of law.” Our duty, therefore, is to see if the facts as found support the judgment which has been rendered.
*276The findings show that one Russell, a carpenter, was employed by the plaintiff to make some repairs to. a building upon her prop-erty. • Russell, by mistake, repaired a house owned by the defendant, situated in the immediate…
2Cases cited2 opinions
- Otis v. . DoddNew York Court of Appeals · 1882
- Heermans v. . ClarksonNew York Court of Appeals · 1876