Myers v. Wright

The opinion of the court was delivered by

Harvey, C. J.:

This was an action for a money judgment. There *729was a jury trial. It appears that defendant in his answer had admitted an indebtedness to plaintiff in the sum of $216.39. His counsel in the opening statement tendered into court a cashier’s check in that sum, which tender was refused by plaintiff. The trial proceeded and on December 1, 1948, the jury returned a verdict for plaintiff in the sum of $595.95. On December 9 defendant filed a motion for a new trial, or, in the alternative, to reduce the judgment to $216.39. This motion came on…