Davidoff v. Wheeler & Wilson Manufacturing Co.
Appellate Terms of the Supreme Court of New York
Appeal, from affirmance by the General Term 'of the City Court of a judgment on verdict in favor of the plaintiff. Action for malicious prosecution.
1Opinion of the CourtBischoff, J.
The appellant’s counsel has devoted a considerable portion of his brief to argument upon the facts, and touching the weight of the evidence, in this case, which industry, upon his part, must go unrewarded,, since the affirmance by the General Term below concludes us upon the question of preponderance, and we must confine our attention to the exceptions taken at the trial. Claflin v. Watch Co., 1 Misc. Rep. 669; Gold v. Serrell, 6 id. 124; Meyers v. Cohn, 4 id. 185.
There was certainly some evidence in support of the plaintiff’s cause of action, and hence no error of law appears from the denial…
2Cases cited2 opinions
- Fagnan v. . KnoxNew York Court of Appeals · 1876
- Ames v. RathbunNew York Supreme Court · 1869
3Cited by1 opinion
- Ebling Brewing Co. v. NimphiusAppellate Terms of the Supreme Court of New York · 1908