Legal Opinion

O'Toole v. Tucker

City of New York Municipal Court

Decided April 15, 1896PublishedCited by 1 opinion

Appeal from judgment in favor of the plaintiff, entered upon a verdict. •

1Opinion of the CourtMcCarthy, J.

This case was fairly presented to the jury, and they having found against the appellant on the evidence and the weight of evidence, we are not inclined to disturb their verdict.

*486It is true that the respondent stood alone and against him was the appellant and two others, but this of itself does not signify, since the rule is that the. evidence is not judged by the number of witnesses, but by the quality of the evidence.

There was a sharp conflict, and the jury having the witnesses before them accepted the evidence of the plaintiff..

In order to entitle a broker to commission or compensation it is…

2Cases cited5 opinions

  1. Lloyd v. . MatthewsNew York Court of Appeals · 1872
  2. Levy v. CooganNew York Court of Common Pleas · 1890
  3. Gold v. SerrellNew York Court of Common Pleas · 1893
  4. Atwater v. WilsonNew York Court of Common Pleas · 1895
  5. Dailey v. YoungNew York Supreme Court · 1891

3Cited by1 opinion

  1. Cash v. DiamondCity of New York Municipal Court · 1955

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