Tyler v. Campbell

W. H. Peckham and Cortlandt Parker, for appellant.

''Chas. B. Moore and C. A. Hand'', for appellee.

GRAY, J.

Upon a careful scrutiny of the evidence by each of the judges, a majority of the court is of opinion that the proofs do not make out the breach of trust alleged, and that the view of the defendant's obligations, which the plaintiff has undertaken to assert since the loss occurred, is inconsistent with the previous conduct and mutual dealings of the parties.

As the decision involves no difficult or doubtful question of law, but a pure question of fact, depending on the weighing and comparison of varying and conflicting evidence, it can be of no value as a precedent, and the preparation of an extended opinion would not be according to the practice of the court, and would serve no useful purpose.

Decree affirmed.

FIELD, J., dissenting.