Eagle Bank of New-Haven v. Smith
Supreme Court of Connecticut
This was an action of assumpsit, in several counts. The first count charged the defendants, as the indorsers of a promissory note, made by Hezekiah Shaylor 2nd, for 225 dollars, dated July 3d, 1820, payable to the order of Ansel Shaylor, at the Middletown Bank, sixty days after date. The second was a general count for money had and received, for the plaintiffs use.
Read the full summary
This was an action of assumpsit, in several counts. The first count charged the defendants, as the indorsers of a promissory note, made by Hezekiah Shaylor 2nd, for 225 dollars, dated July 3d, 1820, payable to the order of Ansel Shaylor, at the Middletown Bank, sixty days after date. The second was a general count for money had and received, for the plaintiffs use. The third was a general count for money lent, paid, laid out and expended for the defendants, and at their special instance and request. There were other counts, on which no question was made. The cause was tried at Middletown,…
1Opinion of the Court
Hosmer, Ch. J.
This motion for a new trial, is founded on the supposition, that the verdict of the jury was against the evidence.
By way of preliminary objection, it has been said, that the motion is defective, inasmuch as the judge did not return the
jury to
the
third consideration, nor explicitly state, that their
verdict
was opposed to his opinion. I think there is no foun*74dation for this objection. The granting of a new trial, for the misdetermination of the jury, in point of fact, is not by law placed on the foundation, that the judge should have directed a reconsideration of the case, but upon…
2Cases cited2 opinions
- Young v. AdamsMassachusetts Supreme Judicial Court · 1810
- Roget v. MerritNew York Supreme Court · 1804
3Cited by31 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Brand v. WilliamsSupreme Court of Minnesota · 1882
- Field v. BrownIndiana Supreme Court · 1896
- Farmers & Citizens' Bank v. PayneSupreme Court of Connecticut · 1857
- Walker v. ConantMichigan Supreme Court · 1887
26 more not listed; retrieve them via the Exa API.