Gould v. Moore
The Superior Court of New York City
Appeal by the defendant from a judgment, and from an order denying a motion for a new trial upon the ground of newly-discovered evidence. The action is brought to recover the value of services alleged to have been performed for defendant in obtaining a compromise of his indebtedness. The defendant denies the employment, extent, and value of the services, and their performance. A verdict was rendered against the defendant for sixteen thousand two hundred dollars.
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Appeal by the defendant from a judgment, and from an order denying a motion for a new trial upon the ground of newly-discovered evidence. The action is brought to recover the value of services alleged to have been performed for defendant in obtaining a compromise of his indebtedness. The defendant denies the employment, extent, and value of the services, and their performance. A verdict was rendered against the defendant for sixteen thousand two hundred dollars. It appeared upon the trial that the defendant was one of the late firm of O. W. & J. T. Moore & Co., merchants, of the city of ¡New…
1Opinion of the Court
By the Court.—Curtis, J.
There is no force in the defendant’s objection that the verdict is contrary to the evidence, and not sustained. The plaintiff testified to his employment by the defendant, and that he rendered the services on his behalf, and at his request. Other evidence in the case corroborates the plaintiff’s statement. There was conflicting evidence on the defendant’s part, and these questions of fact were fairly submitted to the jury, who found for the plaintiff. Ho sufficient reason is shown to set aside the verdict as contrary to evidence.
The jury having found for the plaintiff…
2Cases cited6 opinions
- Walsh v. Washington Marine InsuranceNew York Court of Appeals · 1865
- Shumway v. FowlerNew York Supreme Court · 1809
- Denn ex dem. Hughs v. MorrellThe Superior Court of New York City · 1828
- Crandall v. PeopleNew York Supreme Court · 1870
- Mallory v. PerkinsThe Superior Court of New York City · 1862
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