Appellate Division of the Supreme Court of New York, 1904

Schulehofer v. Fink

Schulehofer v. Fink
Appellate Division of the Supreme Court of New York · Decided December 15, 1904
91 N.Y.S. 1111 (New York Supplement)
Schulehofer v. Fink

Opinion of the Court

PER CURIAM.

The question of fact as to the competency and fidelity of plaintiff’s assignor was determined upon conflicting evidence, and this determination had ample support in the evidence. It is apparent that the failure of the court below to allow to the defendant the credit of $42, earned by the assignor between the discharge and the trial, was inadvertent. This sum should have been offset. The judgment must be modified by reducing it to that extent, and, as modified, affirmed, without costs.

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