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31 Misc. 784

Ames v. McMillan

Appellate Terms of the Supreme Court of New York · decided 1900-06-15

<p>Appeal from judgment of the Municipal Court of the city of New York, borough of Manhattan.</p>

Decided 1900-06-15

Per Ouriam.

¶1The only question involved in this appeal is one of fact, which has been resolved by the Trial Court in favor of the defendant We are asked to reverse on the ground that the evidence preponderated in favor of the appellants, but under a long line of decisions in the Court of Common Pleas as well as in this court, such a condition must be obvious and indisputable to justify the Appellate Court in taking such action, a situation which does not at all exist in the case at bar. The judgment must, therefore, be affirmed.

¶2Present: Beekmae, P. J., Giegebich and O’Gobmae, JJ.

¶3Judgment affirmed, with costs.

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