Coddington v. Carnley
New York Court of Common Pleas
Motiou for a new trial. The plaintiff) as executor of Susan Ayres, deceased, brought this action to recover the value of certain property claimed to have belonged to the testatrix, and which was levied upon and sold by the defendant, in his official capacity, by virtue of an execution against Samuel Carpenter.
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Motiou for a new trial. The plaintiff) as executor of Susan Ayres, deceased, brought this action to recover the value of certain property claimed to have belonged to the testatrix, and which was levied upon and sold by the defendant, in his official capacity, by virtue of an execution against Samuel Carpenter. The defendant set up in his answer a justification for the taking under the execution; put at issue the title of the testatrix and the plaintiff to the property ; and, as a distinct defence, claimed that the action had not been brought within three years after the cause thereof accrued.…
1Opinion of the CourtHilton, J.
It is very seldom that a verdict of a jury is disturbed upon these grounds, where the evidence has been fairly submitted; and although the case might show that the weight óf the evidence seemed to be with the defendant, yet, to justify the court in setting the verdict aside, the preponderancy should be so great as not only to lead to the belief that injustice had been done, but also to warrant the conclusion that the verdict must have been the result of prejudice, passion, undue bias, or corruption. Jackson v. Loomis, 12 Wend. 27; Graham on New *530Trials, 452; Diblin v. Murphy, 3 Sand. S. C. 19;…
2Cases cited3 opinions
- Collins v. Albany & Schenectady RailroadNew York Supreme Court · 1852
- Jackson ex dem. Fowler v. LoomisNew York Supreme Court · 1834
- Glover v. WhittenhallNew York Supreme Court · 1846
3Cited by2 opinions
- Bishop v. McGillisWisconsin Supreme Court · 1891
- Greene v. New York Central & Hudson River RailroadThe Superior Court of New York City · 1882