Brice & Co. v. Whitehurst & Hilliard

1. Where a judge passing on a motion for a new trial did not original^ try the ease, his discretion is not as broad' as it would be otherwise; but he still has discretion to grant a new trial, where the evidence preponderates against the verdict.

2. Where a vendor sells personal property, reserving title to secure the purchase-price, and the vendee, with the vendor’s consent, sells the property to a third person, who assumes the payment of the balance of the purchase-price to the original vendor, the. latter can not recover in trover the property from the third person without offering to put…