Foote v. Roberts
The Superior Court of New York City
Appeal by the defendant from a judgment entered upon a decision of the chief justice, by whom this action was tried, without a jury. There were three causes of action stated in the complaint, as follows: First.
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Appeal by the defendant from a judgment entered upon a decision of the chief justice, by whom this action was tried, without a jury. There were three causes of action stated in the complaint, as follows: First. That the plaintiffs, at the request of the defendant, undertook to roll into gun barrels, straighten, cone-seat, splice and anneal, five tons of iron, containing about eleven hundred skelps; to roll and cone-seat each of such skelps for $1, anneal the same for six cents per barrel, and splice and straighten such of them as were found to require to be straightened or spliced, for…
1Opinion of the Court
By the Court, Monell, J.
The principal question in this case is, whether there is any evidence to support the judgment. The court in bank will not weigh the evidence for the purpose of ascertaining whether the learned justice came to a correct conclusion; nor will we disturb a judgment when there is any evidence to sustain it, even where, *20upon examination, we might think a. different conclusion should have been reached. It is well settled that a finding 'upon conflicting evidence will not be disturbed by an appellate court. (Hall v. Morrison, 3 Bosw. 520. Morris v. Second Avenue Railroad Co.,…
2Cases cited2 opinions
- Bate v. . GrahamNew York Court of Appeals · 1854
- Bearss v. . CopleyNew York Court of Appeals · 1854
3Cited by8 opinions
- Lacaze v. HardeeLouisiana Court of Appeal · 1941
- J. F. Ball & Bro. Lumber Co. v. Simms Lumber Co.Supreme Court of Louisiana · 1908
- Kelley v. KelleySupreme Court of Louisiana · 1941
- Callahan v. AuthementLouisiana Court of Appeal · 1957
- Deshotels v. LafleurSupreme Court of Louisiana · 1914
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