Appellate Terms of the Supreme Court of New York, 1900

Forst v. Marshall

Forst v. Marshall
Appellate Terms of the Supreme Court of New York · Decided May 15, 1900
31 Misc. 766; 64 N.Y.S. 1135

Counsel

Clark B. Augustine, for appellant., Heston A. Alexander, for respondent.

Forst v. Marshall

Opinion of the Court

Per Curiam.

The evidence warranted findings of employment and performance. Enough appeared to show that the plaintiff was the procuring cause of the exchange.

Plaintiff’s Exhibit 3 in connection with the evidence is quite convincing that Mr. Grlickman’s memory was at fault when he was examined as a witness, and that the probabilities were with the version presented on behalf of the plaintiff as to the source of Mr. Grlickman’s information as to the Edgecombe avenue lots. There is no merit in the appeal, as there was no error which affected the result.

The judgment is affirmed, with costs.

Present: Tbuax, P. J., Scott and Dugbo, JJ.

Judgment affirmed, with costs.

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