Blum v. Fresh Grown Preserve Corp.
New York Court of Appeals
I. That the trial court had the right, in his discretion, to set aside the verdict of the jury and grant a new trial, as against the weight of the evidence, is not now disputed; hut for him to determine all questions of fact adversely to the defendant and deprive the defendant of a trial, is contrary to the constitutional provision'. It is only where the evidence is insufficient in law, or where it is incredible because opposed to natural laws, that the court may make a…
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I. That the trial court had the right, in his discretion, to set aside the verdict of the jury and grant a new trial, as against the weight of the evidence, is not now disputed; hut for him to determine all questions of fact adversely to the defendant and deprive the defendant of a trial, is contrary to the constitutional provision'. It is only where the evidence is insufficient in law, or where it is incredible because opposed to natural laws, that the court may make a decision. (N. Y. Const., art. 1, § 2; Imbrey v. Prudential Insurance Go., 286 N. Y. 434; Caldwell v. Nicolson, 235 N. Y.…
1Opinion of the Court
LehmaN, Ch. J.
The defendant, it is conceded, was indebted to plaintiff’s assignor in the sum of $22,047.12 upon the causes of action pleaded in the complaint, but the defendant has pleaded as set-offs several alleged causes of action against the plaintiff’s assignor arising before the assignment. At the close of the trial the plaintiff moved for a directed verdict in the sum of $22,047.12. The motion w.as denied and the Trial Judge submitted to the jury the question whether the defendant was entitled to recover upon its fourth and fifth counterclaims. He charged the jury in effect that it…
2Cases cited5 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Imbrey v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1941
- Moot v. . MootNew York Court of Appeals · 1915
- Getty v. Roger Williams Silver Co.New York Court of Appeals · 1917
- Bank of the United States v. ManheimNew York Court of Appeals · 1934
3Cited by232 opinions
- Pedrick v. Peoria & Eastern RailroadIllinois Supreme Court · 1967
- Szczerbiak v. PilatNew York Court of Appeals · 1997
- Meyer v. Board of TrusteesNew York Court of Appeals · 1997
- Alexander v. EldredNew York Court of Appeals · 1984
- Martin v. City of AlbanyNew York Court of Appeals · 1977
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