32 N.Y.S. 1028 | N.Y. Sup. Ct. | 1895
The trial court reached the conclusion that the substantial facts alleged in the complaint were proved on the trial On a former appeal this court held that the allegations in the complaint, if supported by evidence on the trial, would entitle plaintiff to the judgment prayed-for. 70 Hun, 598, 24 N. Y. Supp. 374. The question on this appeal, therefore, relates to the finding of fact made. Bearing that subject of inquiry in mind, we have attentively examined the evidence, with the result that we are persuaded that,, under the rides which should govern this court in reviewing determinations of fact, the decision of the trial court must stand. The judgment should be affirmed, with costs.
FOLLETT, J., concurs.
VAN BRUNT, P. J. I cannot concur in the affirmance of the judgment in this action. It is apparent that much of the evidence