New York Court of Appeals November 12, 1878 (Moran v. . McLarty)

Miller, J.

The General Term reversed the judgment of the Special Term both upon the facts and the law and where a review of the facts by an appellate tribunal is proper, it is as a general rule its duty to pass upon the facts from the evidence. The rule that where there is conflcting evidence or any evidence to sustain the finding that it is error to reverse has no application in such a case.