New York Supreme Court, 1894

Wolff v. Kuhne

Wolff v. Kuhne
New York Supreme Court · Decided May 14, 1894 · Dykman
28 N.Y.S. 1116; 59 N.Y. St. Rep. 885 (New York Supplement)

Counsel

Oscar Frisbie, for appellant., William M. Mullen, for respondents.

Wolff v. Kuhne

Opinion of the Court

DYKMAN, J.

This is an appeal from a judgment entered upon the reportr of a referee. The action was brought to recover for labor and material furnished to the defendant by the plaintiff in the erection of a house and stable in Richmond county, and $150 for money lent. The referee found in favor of the plaintiff, and his report isj well sustained by the proof. The-testimony of the expert witness introduced by the defendant was quite uncertain and unsatisfactory, and the claim of the plaintiff was meritorious. A careful examination of the testimony leaves no doubt of the justice and legality of the r.eport, and it meets with our entire approval. The exceptions of the defendant disclose no error sufficient to require a reversal of the judg; ment, and it should be affirmed, with costs.

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