Picone v. Picone

Motion denied on the law and not in discretion. Plaintiff sued his brother for $5,416.64 balance on a loan bnt defendant denied borrowing or receiving any sum whatever. The trial issue was not as to how much he should recover but if he should recover any amount, and the jury was instructed that it was an “ all or nothing ” situation. The unanimous verdict was for plaintiff for that liquidated amount; the verdict was therefore correct in form and needs no amendment, interpretation or clarification.

The jury was not polled, although counsel was asked if that was desired; they sat in their seats…