Conrad v. Belt's Administrator
Conrad v. Belt's Administrator
Opinion of the Court
delivered the opinion of the court.
As this case is submitted to us for a review as to the finding of the facts, we may look at the evidence rejected ; and if we see that, if thrown into the scale of the plaintiffs, it would not induce us to disturb the finding, we would not be warranted in reversing the judgment on that account. The evidence rejected is of too vague and indecisive a character to produce any effect on the finding.
As to the account of moneys paid by the intestate, on account of the boat, and allowed in the Probate Court, we can not see how the plaintiffs were prejudiced by its introduction. The defence of the defendant was no set-off. The dispute was about the repairs done to the boat. The account filed by the plaintiffs admitted that defendant’s intestate was entitled to a credit in respect of them, and the controversy was as to the amount. The defence only contested the correctness of the account as stated.
There was evidence sufficient to support the finding, and as the parties submitted the cause to the court for trial, waiving a jury, it must be a strong case to induce us to interfere with the
the judgment is affirmed.
Reference
- Full Case Name
- Conrad & Bennett v. Belt's Administrator
- Status
- Published