Carr v. Gale
U.S. Circuit Court for the District of Maine
(The following report of the case tried before WABE, J., was drawn up and agreed to by the counsel in the cause.) At law. This was an action of trover [by Joshua W. Carr, assignee in bankruptcy of Samuel C. Hemmenway, against Samuel C. Hemmenway, Stephen Gale, and others], for a quantity of goods, &e., mentioned in the plaintiff’s writ, which writ may be referred to.
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(The following report of the case tried before WABE, J., was drawn up and agreed to by the counsel in the cause.) At law. This was an action of trover [by Joshua W. Carr, assignee in bankruptcy of Samuel C. Hemmenway, against Samuel C. Hemmenway, Stephen Gale, and others], for a quantity of goods, &e., mentioned in the plaintiff’s writ, which writ may be referred to. The plaintiff introduced a copy of the decree of the district court, for Maine district, sitting in bankruptcy, declaring said Hemmenway bankrupt; and also a copy of the decree of said court appointing the plaintiff the assignee,…
1Opinion of the Court
WOODBURY. Circuit Justice.
The questions raised in this case under the motions for *130a new trial, and in arrest of judgment, are numerous; and some of them possess no little difficulty. But harmg been ably argued, the labor of the court in disposing of them will be much lessened.
The first ground assigned for a new trial, is, because the verdict is supposed to be against the weight of evidence. I have had occasion to examine fully on the last circuit and to deliver an opinion, laying down what seemed to me, after a full consideration, the true guides or limitations as to this ground for a new…
2Cases cited15 opinions
- Bright v. BoydU.S. Circuit Court for the District of Maine · 1841
- Commonwealth v. CoombsMassachusetts Supreme Judicial Court · 1807
- Osborne v. MossNew York Supreme Court · 1810
- Brownell v. CurtisNew York Court of Chancery · 1843
- Stevens v. TownsendMichigan Supreme Court · 1843
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3Cited by1 opinion
- Carr v. GaleU.S. Circuit Court for the District of Maine · 1853