Tracy v. Hartman
New York Court of Common Pleas
Appeal by defendant from a judgment of the Second District Court. The action was .brought to recover for ale sold and delivered to the defendant by the plaintiff’s assignor. The sale and delivery, and amount due therefor, were proved by the testimony of tbe plaintiff’s assignor, corroborated by that of D. 0. Fuller.
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Appeal by defendant from a judgment of the Second District Court. The action was .brought to recover for ale sold and delivered to the defendant by the plaintiff’s assignor. The sale and delivery, and amount due therefor, were proved by the testimony of tbe plaintiff’s assignor, corroborated by that of D. 0. Fuller. On tbe part of tbe defendant two witnesses were called, whose testimony tended to sbow tbat tbe quantity delivered was less than claimed by plaintiff, and tbat defendant paid cash for all ale purchased. Tbe justice rendered judgment for tbe plaintiff, assigning as a reason, in bis…
1Opinion of the Court
Daly, J.- —
We have repeatedly held, tbat where the testimon^ is conflicting we will not interfere with tbe finding of tbe j'ustice, unless -we can come to tbe conclusion that tbe finding is such an obvious disregard of tbe weight of evidence as to create conviction in tbe mind of tbe appellate court tbat it must have proceeded from passion, prejudice, corruption, or palpable mistake. Such is not tbe present case. It was a case of contradictory testimony, involving tbe relative credibility of witnesses, a question which tbe justice, before whom tbe witnesses testified, was alone competent to…
2Cited by1 opinion
- Boom v. ReedNew York Supreme Court · 1893