Goldner v. Goldner

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

Decided July 1, 1900

Appellate Division of the Supreme Court of the State of New York · decided 1900-07-01

Appeal by the plaintiff, Elizabeth J. Goldner, from a judgment ■of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 27th day of November, 1899, upon an order made at the New York Special Term and entered in said clerk’s office on the 23d day of October, 1899, denying the plaintiff’s motion to confirm the report of the referee, and directing the dismissal of the complaint, with notice of an intention to -bring up…

Decided 1900-07-01

Barrett, J. (dissenting):

¶1I dissent. The experienced and careful referee, who saw and personally examined the witnesses, found as a fact that there was no collusion. He could not well have done otherwise, for there is not in the record a particle of evidence to support the contrary conclusion. The plaintiff has been denied her legal right upon mere suspicion.

¶2The entire order should be reversed and the report confirmed, or, at the very least, the case should be sent back to the referee for further scrutiny.

¶3Ingraham, J., concurred.

¶4Judgment, so far as it dismisses complaint, reversed, and order, so far as it refuses to confirm report of referee, affirmed, without costs.