Appellate Division of the Supreme Court of New York, 1902

Wherry v. Gaudy

Wherry v. Gaudy
Appellate Division of the Supreme Court of New York · Decided January 15, 1902 · Woodward
68 A.D. 642; 73 N.Y.S. 1150
Wherry v. Gaudy

Opinion of the Court

Woodward, J.:

It hardly seems necessary to discuss this case. Appellant’s counsel, if he has any confidence in the appeal, does not suggest any very tangible grounds for interference. His brief consists of the single sentence: “The judgment is against the weight of evidence and should, therefore, be reversed.” It is not against the weight of evidence; the plaintiff has established his cause of action, and the most that can be said is that there is a conflict of evidence, which the trial court has resolved in favor of the plaintiff, and, as I think, correctly. There should be an affirmance of the judgment. All concurred.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.