Gregory v. Fichtner
New York Court of Common Pleas
Appeal from judgment and order of the General Term of the City Court of New York, affirming judgment on a verdict and an order denying motion for a new trial. Action by Amalia Gregory against August Fichtner, as executor, etc., for conversion of several pieces of jewelry by defendant’s testator.
1Opinion of the CourtPryor, J.
The contention that the proof was insufficient to authorize a verdict for the plaintiff, is clearly untenable; and upon an appeal from a judgment of affirmance by the general term, we have no jurisdiction to review the weight of evidence. We are confined, therefore, to the consideration of errors in law apparent on the record.
As intimated, the court rightly refused to dismiss, the complaint, either for intrinsic defector insufficiency of proof. The complaint alleges property in the plaintiff’s possession by the defendant as bailee; his refusal on demand to deliver the jewelry, and its value.…
2Cases cited31 opinions
- Holcomb v. . HolcombNew York Court of Appeals · 1884
- Jones v. . MorganNew York Court of Appeals · 1882
- Payne v. . GardinerNew York Court of Appeals · 1864
- Gillet v. . RobertsNew York Court of Appeals · 1874
- Grey v. . GreyNew York Court of Appeals · 1872
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