27 N.Y.S. 325 | New York Court of Common Pleas | 1894
On appeal from the district courts, it is within our province to reverse the judgment, if it is against the weight of the evidence. Curley v. Tomlinson, 5 Daly, 283; Macniffe v. Ludington, 13 Abb. N. C. 407; Fixam v. Brown, 14 Daly, 110. And in determining the weight it is proper to consider the quality of the evidence, the interest of the witnesses in the issue of the trial, and the compatibility and consistency of their several statements with the truth, as it may appear from attendant circumstances. Brown v. Sullivan, (Com. Pl. N. Y.) 20 N. Y. Supp. 634; Siefke v. Siefke, (Com. Pl. N. Y.) 25 N. Y. Supp. 762.
Plaintiffs sued defendant for the monthly installment of the rent of a flat which they conceded had accrued subsequent to defendant’s