Brigham v. Chenail

CARR, J. (Riley, J., and Tomasello, J.)

This is an action of contract in which, after a finding for the defendant, the plaintiff moved for a new trial. The plaintiff presented requests for rulings which were received by the judge and filed by the clerk. The judge failed to pass upon the requests but denied the motion for new trial. Deciding the issues involved adversely to the plaintiff, without passing on his requests, amounted to a denial of them. The effect of such denial depends upon the legal soundness and applicability of the requests. Schmoll Fills & Co. Inc. v. S. L. Agoos Tanning…