Legal Opinion

Young v. Stone

New York Supreme Court

Decided April 15, 1894Published

Appeal by the defendant, "Winfield S. Stone, as sheriff of Broome county, from an order of the Supreme Court, made at the Chenango Special Term and entered in the oifice of the clerk of the county of Broome on the 18th day of November, 1893, granting the plaintiffs’ motion for a new trial made upon a case and exceptions, and setting aside the Yerdict and granting a new trial in the action.

1Opinion of the Court

Martin, J.:

An examination of the order appealed from renders it quite manifest that the verdict was set aside and a new trial granted upon the ground that .the verdict of the jury was against the weight of evidence, as it was granted upon the condition that the respondents should pay the costs of the trial. On a motion for a new trial upon exceptions and the insufficiency of the evidence, an order granting it upon condition of payment of costs will be presumed to have been made on the latter ground. (Henderson v. Henderson, 2 Abb. N. C. 102.) We think the same presumption exists in this case.

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2Cases cited5 opinions

  1. Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
  2. Houghkirk v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1883
  3. Standard Oil Co. v. . Amazon Ins. Co.New York Court of Appeals · 1880
  4. MacY v. . WheelerNew York Court of Appeals · 1864
  5. Henderson v. HendersonNew York City Court · 1876

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