Rowe v. Comley
New York Court of Common Pleas
Appeal from a judgment of the General Term of the Marine Court of the City of New York affirming a judg-. ment of that court entered upon the verdict of a jury. The action was brought to recover damages for a breach of contract for services to be rendered by the plaintiff to the defendants. The answer denied the contract as alleged, and pleaded an accord and satisfaction.
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Appeal from a judgment of the General Term of the Marine Court of the City of New York affirming a judg-. ment of that court entered upon the verdict of a jury. The action was brought to recover damages for a breach of contract for services to be rendered by the plaintiff to the defendants. The answer denied the contract as alleged, and pleaded an accord and satisfaction. Upon the trial, a verdict having been rendered for the plaintiff for a less sum than the amount claimed, a motion was made by the defendants for a new trial, upon "the ground, among others, that the verdict was the result of…
1Opinion of the CourtVan Brunt, J.
The point which was urged upon the argument of this appeal was that the verdict was the result of a compromise upon the part of the jury. We are of the opinion that this court has no power to reverse a judgment or grant a new trial for'such a reason.
“ When a trial and general verdict have been had, we can deal only with questions of law arising upon exceptions duly taken, and we cannot correct the errors of the jury.” This is the rule as laid down in the Court of Appeals in the cases of Oldfield v. N. Y. & H. R. R. Co. (14 N. Y. 310) and Standard Oil Co. v. Amazon Ins. Co. (79 N. Y. *319610),…
2Cases cited2 opinions
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Power v. . CassidyNew York Court of Appeals · 1880
3Cited by8 opinions
- Arnstein v. HaulenbeekNew York Court of Common Pleas · 1890
- Badger v. GilroyAppellate Terms of the Supreme Court of New York · 1897
- Bogan v. WrightAppellate Terms of the Supreme Court of New York · 1897
- Divver v. HallAppellate Terms of the Supreme Court of New York · 1897
- Stokes v. PeaseNew York Supreme Court · 1894
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