Ward v. . Donovan

Hiscock, Ch. J.

The findings made by the Special Term in this case are based upon uncontradicted evidence. The' Appellate Division in modifying the judgment of the Special Term did not reverse any of these findings but made what it called a finding of fact which seems to us really to be a conclusion of law stating a result somewhat different than the conclusion of law reached by the Special Term. But however the case may be regarded in this aspect there is no dispute in respect of the facts which are involved in our consideration of the question presented upon this appeal.

The defendant Donovan…