Cotes v. Cotes
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Byron S. Cotes against Maria T. Cotes. Prom a judgment entered after a,trial at special term, plaintiff appeals. Affirmed.
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Appeal from special term. Action by Byron S. Cotes against Maria T. Cotes. Prom a judgment entered after a,trial at special term, plaintiff appeals. Affirmed. The plaintiff, who was formerly the husband of the defendant, but is now divorced, alleges in his complaint that there is due him from the defendant— First, $7,800, a balance on account of a conveyance of real estate by him to her; and, second, the sum of $18,977.50, being half the proceeds of a mortgage once held by him, which he deposited in bank in her name, upon her promise that it should remain his money, and that she would, at any…
1Opinion of the CourtO’Brien, J.
To prove the issues made by the pleadings, the burden was upon the plaintiff; and, from the summary of the testimony, it will be seen that there was no such preponderance of evidence as would justify our disturbing the findings of the trial court, which were adverse to the plaintiff. Not only did the court have the witnesses before it, and from their demeanor upon the stand and manner of testifying could determine their relative credibility, but, considering the fact that the property belonged originally to the defendant’s father, the inference arising therefrom supports the defendant’s…
2Cited by1 opinion
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