From Casetext: Smarter Legal Research

Nagle v. Sykes

Supreme Court of Connecticut Third Judicial District, New Haven, June Term, 1927
Jun 28, 1927
138 A. 58 (Conn. 1927)

Opinion

Argued June 7th, 1927

Decided June 28th, 1927.

ACTION to recover damages for the refusal of the defendants to return a diamond pin, alleged to be the property of the plaintiff, brought to the court of Common Pleas for New Haven County and tried to the court, Booth, J.; judgment for the plaintiff for $666, and appeal by the defendants. No error.

Harry L. Edlin and Arthur Klein, for the appellants (defendants):

Nelson R. Durant, with whom was John R. Thim, for the appellee (plaintiff).


No conclusions other than those reached by the trial court would have been justified upon the subordinate facts found. These were made upon conflicting evidence; it was for the trial court to determine the credibility of the witnesses' statements. The attempt to substitute the draft-finding for the finding, by way of a motion to correct, fails in this instance, as it has done heretofore. Our court has never within our experience made up an entire finding without evidence, or contrary to admitted or undisputed facts. The further correction of the finding claimed, by striking out nine of its paragraphs, is not well taken; none of these were found without evidence.


Summaries of

Nagle v. Sykes

Supreme Court of Connecticut Third Judicial District, New Haven, June Term, 1927
Jun 28, 1927
138 A. 58 (Conn. 1927)
Case details for

Nagle v. Sykes

Case Details

Full title:HELEN NAGLE vs. J. LEO SYKES ET AL

Court:Supreme Court of Connecticut Third Judicial District, New Haven, June Term, 1927

Date published: Jun 28, 1927

Citations

138 A. 58 (Conn. 1927)
106 Conn. 731