Legal Opinion

Gold v. Serrell

New York Court of Common Pleas

Decided December 4, 1893PublishedCited by 10 opinions

Appeal from city court, general term. Action by Lewis Gold against Mary E. Serrell for real-estate commissions. From a judgment (21 N. Y. Supp. 1078) affirming a judgment for plaintiff entered on report of a referee, defendant appeals.

1Opinion of the CourtBischoff, J.

This being an appeal from the city court of Hew York, its judgment of affirmance is conclusive upon us, respecting the weight of the evidence. We are enabled, therefore, by the exceptions to the findings of fact, and to the refusals of the referee to find as requested for defendant, to review the proceedings on the trial to the extent only of inquiring whether there was any evidence to support the facts on which the judgment appealed from is predicated. Myers v. Cohn, 4 Misc. Rep. 185, 23 N. Y. Supp. 996. The record adequately sustains the referee, and his conclusions from the facts found are…

2Cases cited5 opinions

  1. Ward v. . KilpatrickNew York Court of Appeals · 1881
  2. Myers v. CohnNew York Court of Common Pleas · 1893
  3. Levy v. CooganNew York Court of Common Pleas · 1890
  4. Mead v. . SheaNew York Court of Appeals · 1883
  5. Carroll v. TuckerNew York Court of Common Pleas · 1893

3Cited by10 opinions

  1. Baker v. ThomasNew York Court of Common Pleas · 1895
  2. Owens v. Mountain States Telephone & Telegraph Co.Wyoming Supreme Court · 1936
  3. Southwick v. SwavienskiAppellate Division of the Supreme Court of the State of New York · 1906
  4. Eadie v. Arc Wood Development, Inc., New York County Courts1959
  5. Griffin v. RosenblumWyoming Supreme Court · 1933

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