Schumacher v. Waring
New York Court of Common Pleas
Appeal from first district court. Action by Henry Schumacher and others against Milton V. Waring to recover a monthly installment of rent alleged to have been accrued under a lease for one year. Prom a judgment in favor of defendant, plaintiffs appeal. Reversed.
1Opinion of the CourtBischoff, J.
On appeal from the district courts, it is within our province to reverse the judgment, if it is against the weight of the evidence. Curley v. Tomlinson, 5 Daly, 283; Macniffe v. Ludington, 13 Abb. N. C. 407; Fixam v. Brown, 14 Daly, 110. And in determining the weight it is proper to consider the quality of the evidence, the interest of the witnesses in the issue of the trial, and the compatibility and consistency of their several statements with the truth, as it may appear from attendant circumstances. Brown v. Sullivan, (Com. Pl. N. Y.) 20 N. Y. Supp. 634; Siefke v. Siefke, (Com. Pl. N. Y.)…
2Cases cited7 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Wohlfahrt v. . BeckertNew York Court of Appeals · 1883
- Curley v. TomlinsonNew York Court of Common Pleas · 1874
- Brown v. SullivanNew York Court of Common Pleas · 1892
- Macniffe v. LuddingtonNew York Court of Common Pleas · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Harden v. DorthyAppellate Division of the Supreme Court of the State of New York · 1896
- Bernstein v. HeinemannAppellate Terms of the Supreme Court of New York · 1898
- Marden v. DorthyAppellate Division of the Supreme Court of the State of New York · 1896
- McLaughlin v. HarriotNew York Court of Common Pleas · 1895
- Gair v. AuerbachNew York Court of Common Pleas · 1895
1 more not listed; retrieve them via the Exa API.