83 N.Y.S. 296 | N.Y. App. Div. | 1903
The defendant was owner of a building, a portion of which was occupied by one Bush as a meat -market. Certain repairs were necessary to the cooler used in connection with said market and an agreement was entered into between the defendant and his tenant that the defendant would furnish material for the repairs provided the tenant would furnish the labor. The ’defendant authorized Bush to purchase the material for such repairs as cheaply as he could, and he did purchase some of said material from the plaintiff on the credit of the defendant. The defendant paid a part of the bill, but refused to pay for two window sashes and lights. The ground of refusal was that the windows were not a part of the material used in the repairs. The proof showed that they were
Prior to the amendment of section 3063 of the Code of Civil Procedure by chapter 553 of the Laws of 1900, a County Court was not permitted to reverse a judgment of a justice of the peace because the judgment was against the weight of evidence. Until this amendment the rule was that where there was evidence upon both sides, with only slight evidence in support of the judgment, the County Court was not authorized to’ reverse the judgment, although such court might arrive at a conclusion upon the facts of the case, or the weight of evidence different from that drawn by the justice. (Clark v. Daniels, 29 App. Div. 601; Burnham v. Butler, 31 N. Y. 481.)
It is said in Jacob v. Haefelien (54 App. Div. 570) that this ■amendment was brought about by the suggestion of the court in Northridge v. Astarita (47 id. 486), that it would promote the ends of justice to confer upon appellate tribunals authority to review the judgments of Justices’ and Municipal Courts to the same extent and subject to the same rules as were applicable to the review of judgments rendered by the Supreme Court.
It is manifest that the authority conferred by section 3063 of the Code upon County Courts to reverse a judgment of a Justice’s Court because it is contrary to or against the weight of evidence, is to be exercised only when the judgment is^so plainly against the weight and preponderance of proof that it can be seen that the justice could not reasonably have arrived at the decision which he made. The County Court by this provision of the Code has no greater power over judgments rendered by justices of the peace than has the Appellate Division and Court of Appeals over judgments of courts and referees.
In the present case there was no preponderance of evidence in favor of the defendant. On the contrary, the preponderance was in favor of the plaintiff that, the defendant had agreed to furnish the material for the repairs, including the windows, and had authorized his tenant to purchase them on his account, not only by his directions so to do but by liis knowledge of what was being done, and his recognition by payment of other bills incurred in the same manner. • .
The decision of the County Court must, therefore, be reversed, unless there was some error in the admission or exclusion of evidence on the' trial in the Justice’s Court which justified a reversal. We find no error in the rulings there made. Proof of what Dirnond did in the purchase of the material in suit was proper. Tie was the servant of Bush, who was authorized by the defendant to make the purchase, and he was deputized by Bush to select the material and inquire the price. What he did towards attempting to get the material cheaply was in accordance with the defendant’s requirement that the purchases should be made at a reasonable price. ■ The
The judgment and order of the County Court should be reversed and the judgment of the justice affirmed, with costs in this court and in the County Court.
All concurred.
Judgment and order of the County Court reversed and that of the justice affirmed, with costs to the appellant in this court and in the County Court.