Crane v. Edwards
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John F. Edwards, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiff, upon the decision of the court.
1Dissent
Hirsohberg, J. (dissenting):
I cannot concur in the decision which the court is about to make in this case. When an action is tried upon conflicting evidence *336which would fairly support a decision either way, I am averse to a reversal by an appellate court merely because that court believes from an inspection of the return that it would or might have decided the case otherwise. Here, it must be borne in’ mind, the burden of proof was on the defendant. It was incumbent upon the tenant to establish by a fair preponderance of the evidence that the landlord had voluntarily accepted a surrender of…
2Cases cited8 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Underhill v. . CollinsNew York Court of Appeals · 1892
- Thomas v. . NelsonNew York Court of Appeals · 1877
- Frank v. . Mercantile National BankNew York Court of Appeals · 1905
- Wallace v. DinninyNew York Court of Common Pleas · 1895
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