M. Silberman, Inc. v. Abrams

The “ 24th ” and the “ 26th ” proposed amendments should not have been allowed. The claim of defendants’ counsel that he did not move for a direction of a verdict is supported not only by his own affidavit and that of his trial assistant, but appears to find support in the probabilities and the context. Before the alleged motion of defendants’ counsel for a direction of a verdict was made the court had already indicated his view of the case and his intention to direct a verdict in plaintiff’s favor. It seems wholly improbable that defendants’ counsel when confronted with an adverse decision…