Nesmith v. Clinton Fire Insurance
The Superior Court of New York City
Motion for a new trial. The action was one of thirteen cases brought by the plaintiff as assignor of one Achorn, upon as many insurance policies, issued by various companies, upon the ship Actiorn. The vessel was destroyed by fire. The defence was, that the fire was set by the procurement of Achorn. The plaintiff had a verdict which the defendants now moved to set aside, and to have a new trial, on the ground of misbehavior of the jury.
1Opinion of the CourtPierrepont, J.
The defendants apply to the court to set aside the verdict in this case, on the ground that the jury were tampered with during the progress of the trial.
The interference complained of was not by the plaintiffs, and there is no evidence that they knew of it at the time, or promoted it in any manner. In such cases the court do not feel bound, as a matter of course, to set aside the verdict.
*142If it clearly appears that no injustice has been done, and that the conversations with the juror did not influence the verdict, the court will not disturb the finding, although they may severally censure or…
2Cited by5 opinions
- In re VanderbiltAppellate Division of the Supreme Court of the State of New York · 1908
- Bradley v. KrogenNorth Dakota Supreme Court · 1936
- Dennis v. TishmanNew York Supreme Court · 1931
- O'Brien v. Merchants' InsuranceThe Superior Court of New York City · 1875
- Plunkett v. AppletonThe Superior Court of New York City · 1876