Kumberger v. Miller
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment for the plaintiffs rendered by the Municipal Court of the city of New York, first district, borough of Manhattan.
1Opinion of the CourtMcAdam, J.
The issue was narrowed down to the question of value of the labor and material furnished by the plaintiffs to the defendant, and upon this branch of the case the evidence was very conflicting. The justice found for the plaintiffs on evidence sustaining the finding and we are not prepared to say that he erred in believing the testimony of the plaintiffs’ witnesses. The exception especially called to our attention is found at page 25 cf the return. The plaintiffs had called one Pearlman as a witness, and while testifying he made a statement that Herman J. Kumberger had told him that “ he was…
2Cases cited6 opinions
- Pollock v. . PollockNew York Court of Appeals · 1877
- Hankinson v. . VantineNew York Court of Appeals · 1897
- Hynes v. . McDermottNew York Court of Appeals · 1880
- Hildreth v. ShepardNew York Supreme Court · 1873
- Bannon v. LevyAppellate Terms of the Supreme Court of New York · 1897
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