Legal Opinion

Smith v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1897Published

Appeal by the defendant, Alonzo E. Smith, from a judgment of the County Court of Suffolk county in favor of the plaintiff, entered in the office of the clerk of the- county of Suffolk on the 30th day of March, 1896, upon the report of a referee.

1Opinion of the Court

Hatch, J.:

This action was brought to recover a balance of an account due for coal and fish furnished by the' plaintiff to the defendant upon the latter’s request. The items of the account were disputed by the defendant, and' upon this point the evidence of the parties was in conflict. This condition presented a disputed question of fact for the' referee’s determination, and his decision thereon is conclusive upon this court. The main reliance of the defendant upon this appeal is that the books containing the account were improperly admitted in evidence. The coal, which furnished the bulk of…

2Cases cited2 opinions

  1. In the Matter of McGoldrick v. . TraphagenNew York Court of Appeals · 1882
  2. Taggart v. FoxNew York Court of Common Pleas · 1882

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