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Levene v. Laskaropulos

Supreme Court — Appellate Term
Apr 1, 1898
23 Misc. 759 (N.Y. App. Term 1898)

Opinion

April, 1898.

Abraham B. Schleimer, for appellants.

No appearance for respondents.


The sole question involved in this appeal is one of fact, and it is well settled that this court in such a case will not interfere with the determination of the trial justice unless his decision is so palpably against the weight of evidence that it would be a denial of justice to allow it to stand. Whether or not the appellants were bona fide holders of the note in question depended upon the credibility of witnesses which it was peculiarly within the province of the justice below to determine. In doing so, he had the advantage, which we do not possess, of observing the manner in which their testimony was given and their demeanor on the witness stand. We are, therefore, not inclined to disturb the judgment in favor of the defendant Lascaropulos, the maker of the note in suit, dismissing the complaint as to him.

It is different, however, with the defendant Weinberg, the indorser, who interposed no defense to the action, but seems, when examined as a witness, to have admitted his liability on the note.

The judgment is, therefore, reversed as to the defendant Weinberg, and a new trial ordered, with costs to the appellants to abide the event, and affirmed as to the defendant Lascaropulos, with costs.

GILDERSLEEVE and GIEGERICH, JJ., concur.

Judgment reversed as to defendant Weinberg, and new trial ordered, with costs to appellants to abide event, and affirmed as to defendant Lascaropulos, with costs.


Summaries of

Levene v. Laskaropulos

Supreme Court — Appellate Term
Apr 1, 1898
23 Misc. 759 (N.Y. App. Term 1898)
Case details for

Levene v. Laskaropulos

Case Details

Full title:JOSEPH LEVENE et al., Appellants, v . LASCAR LASKAROPULOS et al.…

Court:Supreme Court — Appellate Term

Date published: Apr 1, 1898

Citations

23 Misc. 759 (N.Y. App. Term 1898)