Weiss v. Strauss
New York Court of Common Pleas
Appeal from ninth district court. Action by Moses Weiss against Jacob Strauss. From a judgment rendered upon a trial before a justice without a jury, defendant appeals.
1Opinion of the CourtAllen, J.
The issues to be determined were purely of fact, as to which the evidence was conflicting. No error of law is charged, and the reversal is sought upon the facts. We have often before held in this court that, when there is a conflict of evidence, we will not interfere with the judgment of the justice, unless the evidence be of such conflicting character as to clearly indicate that the justice must have been influenced by prejudice, partiality,- or passion, or has manifestly neglected to deliberate upon the whole testimony. Dempsey v. Paige, 4 E. D. Smith, 219. An examination of the evidence in…
2Cited by7 opinions
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- Mitchell Vance Co. v. DaikerNew York Court of Common Pleas · 1892
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