General

Thomas Dickinson et al., Appellants, v. Mary A. Ensign, Respondent

120 N.Y. 650·New York Court of Appeals·1890·NY

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Opinion

Thomas Dickinson et al., Appellants, v. Mary A. Ensign, Respondent. (Argued April 24, 1890; decided June 3, 1890.) Appeal from Order of the General Term of the Superior Court of Buffalo, made January 10, 1888, which reversed, on the facts, a judgment in favor of defendant entered upon the report of a, referee and granted a new trial. The court here, after an examination of the evidence, reach the conclusion “ that the refereed findings were warranted by the evidence.” Trumcm 0. White for appellant. George M. Osgoodlg for respondent. [MAJORITY — Folhett, Ch. J.,] Folhett, Ch. J., reads mem. for reversal of order and for affirmance of judgment. All concur, except Parker and Brown, JJ., dissenting. Order reversed and judgment affirmed.