Guion v. Mundy
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by Emily Guión against William H. Mundy for money loaned. Defendant appeals from a judgment for plaintiff entered on the report of a referee.
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Appeal from judgment on report of referee. Action by Emily Guión against William H. Mundy for money loaned. Defendant appeals from a judgment for plaintiff entered on the report of a referee. The action was brought to recover money loaned by plaintiff to the defendant, her attorney, the defenses being that, by the terms of an alleged agreement, no accounting was to be had between the parties until the determination of a certain litigation pending at the time of the commencement of this action, and of the trial, and that the sum loaned was, pursuant to plaintiff’s directions, applied to the…
1Opinion of the CourtBischoff, J.
At the end of the case on appeal there appears the following: “This case does not contain all the evidence taken at the trial. There was additional evidence for the defendant, which was cumulative. ” Obviously, this does not exclude a presumption'that evidence for the plaintiff, which does not appear in the case, abundantly sustained the facts found by the referee, and the absence of a statement that the ease contains all the evidence precludes us from all inquiry as regards the sufficiency of the evidence to support those facts. Aldridge v. Aldridge, 120 N. Y. 614, 616, 24 N. E. Rep. 1022.…
2Cases cited2 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Aldridge v. . AldridgeNew York Court of Appeals · 1890
3Cited by1 opinion
- Katz v. KosterThe Superior Court of New York City · 1893