Appellate Division of the Supreme Court of New York, 1924

Dayton v. Farmer

Dayton v. Farmer
Appellate Division of the Supreme Court of New York · Decided December 15, 1924 · Burr, Clarke, Dowling, Martin, Merrell
211 A.D. 841
Dayton v. Farmer

Opinion of the Court

Per Curiam:

The judgment appealed from should be affirmed, with costs to the respondent. The findings of fact as proposed by the plaintiff contained in “ plaintiff’s requests to find ” and numbered 9, 13 and 24, which under the interpretation given them by the plaintiff upon this appeal are inconsistent with the decision and findings signed by the learned trial justice, are, therefore, reversed as not justified by the evidence.

Present — Clarke, P. J., Dowling, Merrell, Martin and Burr, JJ.

Judgment affirmed, with costs.

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