Mortimer v. Young

Plaintiff commenced this action to recover damages- alleged to have been caused by the fraud of defendants Rodes and Young. The trial court rendered judgment of nonsuit in favor of defendant Young and a jury returned a verdict against defendant Rodes in the sum of $3,210. Thereafter the court granted the motion of defendant Rodes for a new trial “on the ground of insufficiency of the evidence and other grounds”. Plaintiff has appealed from the judgment and nonsuit and from the order granting a new trial.

The action was tried upon the second cause of action of the complaint, wherein it is…