Harnett v. Westcott

By the Court.—Truax, J.

The action was tried before the court and a jury. A verdict was found for the plaintiff and thereupon the defendant made a motion for a new trial “ on the judge’s minutes, on the exceptions taken during the trial, and upon the ground that the verdict was against the weight of evidence.” This motion was denied and from the order denying this motion the defendant appealed.

The action was brought to recover the value of a trunk and its contents which the plaintiff alleges he delivered to the defendant. The defendant denies that the trunk ever was delivered to it.

The…