Spooner v. Kornarens
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Sixth District. Action by Joseph Spooner against Gesine M. Kornarens and another. From a judgment for plaintiff, defendant Michael E. Cleary appeals.
1Opinion of the CourtGiegerich, J.
There is involved in this case only a question of the weight of evidence. The trial justice evidently believed the plaintiff’s version of the contract, and in this we can find no reason to differ with him. The testimony of the defendant Cleary that the entire work was undertaken for $50 is highly improbable. He himself counterclaimed $92.50 for repairing defects alone. So far as the extra work is concerned, the trial justice fixed the reasonable value of the same at only $71, instead of $104, as claimed by the plaintiff. Such deduction is fully warranted by the evidence. Moreover, the opinion…
2Cases cited1 opinion
- Guyon v. Brooklyn Heights RailroadAppellate Terms of the Supreme Court of New York · 1906