New York Evening Journal Publishing Co. v. William F. Simpson Advertising Co.

The issue upon the affirmative defense, so far as it presented a question of fact, was resolved by the jury in favor of defendant. Two juries upon admittedly the same testimony have accepted defendant’s version. There is no indication in the record that the jury’s deliberations were swayed by passion or prejudice. While it is true that upon the first trial the learned justice presiding set aside the verdict upon plaintiff’s motion, yet it is evident from the memorandum filed by him upon granting the motion that his judgment was largely controlled by a line of authorities, exemplified by…