Van Epps v. Harns
New York Supreme Court
Appeal from circuit court, Madison county. Action by Hannah M. Van Epps against Gilbert H. Harns. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, made on a case and exceptions, defendant appeals. After the verdict was received, answering two specific questions, the judge holding the circuit found the facts in accordance with the verdict of the jury.
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Appeal from circuit court, Madison county. Action by Hannah M. Van Epps against Gilbert H. Harns. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, made on a case and exceptions, defendant appeals. After the verdict was received, answering two specific questions, the judge holding the circuit found the facts in accordance with the verdict of the jury. The following questions were submitted to the jury: “(1) Has the mortgage executed by plaintiff to defendant, in the sum of $200, bearing date the 1st day of June, 1887, and becoming…
1Opinion of the CourtHardin, P. J.
Upon conflicting evidence, the jury have found that the mortgage in o.uestion was paid. Plaintiff testified it was paid. Her husband supported her, and, to some extent, she was corroborated by her sister, Mrs. Devoe. On the other hand, the defendant testified that the mortgage was not paid, and called his sister, Lizzie Harns, who gave some testimony tending to corroborate some of the facts and circumstances stated by the defendant in regard to one of the payments. If the jury had believed the testimony of the defendant, and discredited the testimony of the plaintiff herself, the verdict…
2Cases cited2 opinions
- Root v. . BorstNew York Court of Appeals · 1894
- Henderson v. FullertonNew York Court of Common Pleas · 1878
3Cited by2 opinions
- Livingston v. SperoAppellate Terms of the Supreme Court of New York · 1896
- Fuller v. TolmanNew York Supreme Court · 1895