Morss v. Sherrill
New York Supreme Court
1THIS action was brought -to recover of the defendants, . jointly, the sum of $600 and interest from October 18, 1867, being the. balance due upon a promissory note given by the defendants. The answer of the defendants admitted the execution and delivery of the note in question to the plaintiff.
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1THIS action was brought -to recover of the defendants, . jointly, the sum of $600 and interest from October 18, 1867, being the. balance due upon a promissory note given by the defendants. The answer of the defendants admitted the execution and delivery of the note in question to the plaintiff. It also alleged that the defendant Wright signed the note as the surety of the defendant Sherrill, and that on or about the 10th day of November, 1868, the defendant Sherrill was the holder and owner of a certain bond and mortgage, given by one Doolan to the father of the defendant Sherrill,…
1Opinion of the Court
By the Court, P. Potter, J.
We learn the reasons of the learned judge, in granting the order for a new trial, from the language used by him, which is as follows : “ I am satisfied that the verdict in this case is wrong, and entirely against the weight of evidence.” “I am also impressed with the conviction that the jury were misled by issues outside of the testimony, and which should not have been considered.” If the jury were misled in this case, it was not for want of a clear presentation of the case, and of the duties of jurors, by the charge of the court. So charge could be made, more…
2Cases cited1 opinion
- Mechanics & Traders Bank v. ComptonSupreme Court of Louisiana · 1842
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- Schmidt v. BrownNew York Supreme Court · 1894
- Brooks v. MooreNew York Supreme Court · 1872
- Hospital Supply Co. v. O'NeillNew York Court of Common Pleas · 1895
- Duffus v. SchwingerNew York Supreme Court · 1895
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