Bonwell v. Auld
New York Court of Common Pleas
Appeal from city court, general term. Action by Charles E. Bonwell against Thomas Auld to recover •commissions for procuring an exchange of real estate. From a judgment of the city court (27 U. Y. Supp. 936) affirming a judgment entered on a verdict in favor of plaintiff, defendant appeals.
1Opinion of the CourtPryor, J.
The appellant asks us to reverse the judgment •on the ground that the verdict is against the weight of evidence. .Surely, he should know that, on appeals from the city court, we have *16no jurisdiction to review the facts. Mackie v. Egan, 6 Misc. Rep. 95, 26 N. Y. Supp. 13. Besides, the certificate is that the case contains all the testimony, and it is settled by express adjudication that this is not equivalent to a statement that the case contains all the evidence. Hyman v. Friedman (Com. Pl. N. Y.) 18 N. Y. Supp. 446.
Conceding, for argument, that an allegation of indebtedness is only an…
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