Newton v. Newton
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by ‘Charles Newton against William H. Newton and others.. From a judgment dismissing his complaint on report of a referee, plaintiff appeals.
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Appeal from judgment on report of referee. Action by ‘Charles Newton against William H. Newton and others.. From a judgment dismissing his complaint on report of a referee, plaintiff appeals. As a conclusion of law the referee found: “That the claim of the plaintiff against the estate of Isaac Newton, deceased, as set forth in the complaint herein, and whatever claim the said plaintiff may have had at any time-against the real property described herein, has been fully paid and settled with the note given by the defendant William H. Newton for that purpose.” Exceptions were filed to the…
1Opinion of the CourtHardin, P. J.
The conclusions of fact stated by the referee are supported by the evidence given at the hearing. There was a severe conflict in the evidence given by the plaintiff as a witness and the testimony given by his father, William H., and his mother, Esther, and his brother, George Newton, as well as in some other circumstances and evidence disclosed in the case. The conclusions of- fact stated by the referee are in accordance with the weight of the evidence as it appears to us from an inspection of the appeal book. The rule relating to review of evidence that is conflicting is stated in Roosa v.…
2Cases cited7 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Stanley v. . National Union BankNew York Court of Appeals · 1889
- Devlin v. . Greenwich Sav. BankNew York Court of Appeals · 1891
- Curry v. WibornAppellate Division of the Supreme Court of the State of New York · 1896
- Sackett v. ThomasAppellate Division of the Supreme Court of the State of New York · 1896
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