Legal Opinion
De Lamar v. Herdeley
Court of Appeals for the Second Circuit
Decided January 12, 1909No. 122PublishedCited by 4 opinions
In Error to the Circuit Court of the United States for the Southern District of New York.
1Opinion of the Court
NOYES, Circuit Judge.
A summary of the facts in this case appears in our opinion in 157 Fed. 547, 85 C. C. A. 309. It is unnecessary to re-examine them in passing upon the present assignments of error.
It is urged, in the first place, that the trial court should have directed a verdict for the defendant because the plaintiff’s contention was unsupported by any evidence other than his own testimony, which was contradicted by that of other witnesses. But the jury had the right to base their verdict upon the uncorroborated testimony of the plaintiff. It was for them to weigh the evidence.
The…
2Cases cited3 opinions
- Hartshorn v. DaySupreme Court of the United States · 1857
- Such v. Bank of State of New YorkU.S. Circuit Court for the District of Southern New York · 1904
- De La Mar v. HerdeleyCourt of Appeals for the Second Circuit · 1907
3Cited by4 opinions
- Whitcomb v. ShultzCourt of Appeals for the Second Circuit · 1915
- Hogg v. MaxwellCourt of Appeals for the Second Circuit · 1914
- Pringle v. StorrowDistrict Court, D. Massachusetts · 1925
- Holbrook, Cabot & Rollins Corp. v. SperlingCourt of Appeals for the Second Circuit · 1917