Williams v. . Sargeant
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court of the first judicial district, affirming a judgment in favor of plaintiff entered upon the verdict of a jury- The action is brought to recover for three horses alleged to have been fraudulently converted by defendant. The jury found the fraud, and gave a verdict fop the highest valuation of the horses.
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Appeal from the judgment of the General Term of the Supreme Court of the first judicial district, affirming a judgment in favor of plaintiff entered upon the verdict of a jury- The action is brought to recover for three horses alleged to have been fraudulently converted by defendant. The jury found the fraud, and gave a verdict fop the highest valuation of the horses. Upon the trial, plaintiff called defendant’s wife as a witness, who swore that she never saw one of the horses, a pony; subsequently he proved by another witness, that defendant said his wife, had been riding the pony for about…
1Opinion of the CourtAllen, J.
This court cannot correct any supposed errors of the jury in the assessment of damages. It is not unlikely that the jury, believing that a gross and deliberate fraud had been perpetrated by the defendant, awarded a very liberal indemnity to the plaintiff, and had the Supreme Court thought the damages excessive, that court might have corrected the error, but no such discretion rests with us. There was no error in the admission in evidence of the declarations of the defendant, as to a fact material to the issue, although such declarations were inconsistent with and tended to contradict the…
2Cases cited1 opinion
- Marvin v. RichmondNew York Supreme Court · 1846
3Cited by14 opinions
- Tooley v. . BaconNew York Court of Appeals · 1877
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1877
- Hunter v. . WetsellNew York Court of Appeals · 1881
- Fisher v. MonroeNew York Court of Common Pleas · 1893
- Vollkommer v. . CodyNew York Court of Appeals · 1904
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