In re O'Neil
District Court, N.D. New York
In tlie matter of John G. O'Neil and Robert B. Doubleday, as inr dividuals and as copartners in the firm of J. G. O’Neil & Co. On review of order of referee disallowing claim of Rloise C. Doubleday for $443.75 against the estate of Robert B. Doubleday, and also reducing another claim of said claimant from $108.21 to $61.20.
1Opinion of the Court
RAY, District Judge.
The reduction of the claim of $108.21 to $61.20 is so clearly right that nothing further need be said.
[1] The correctness of the order disallowing the claim of Rloise C. Doubleday for $443.75 depends on whether or not the evidence in favor of the claim so clearly preponderates in favor of the claimant that the referee was not justified in finding the crucial fact against her. There was a conflict of evidence, and the referee might have found the other way. .Lie heard and saw the witnesses, and so far as their credibility is concerned was better able to arrive at the truth…
2Cases cited2 opinions
- McElwee v. Metropolitan Lumber Co.Court of Appeals for the Sixth Circuit · 1895
- Matter of Utica Nat. Brewing Co.New York Court of Appeals · 1897
3Cited by4 opinions
- United States v. NopoulosDistrict Court, S.D. Iowa · 1915
- Fidelity State Bank v. MillerIdaho Supreme Court · 1916
- United States v. MozumdarDistrict Court, S.D. California · 1923
- United States v. Sakharam Ganesh PanditDistrict Court, S.D. California · 1924