Cumberland Farms Northern, Inc. v. Sewall

In this action the plaintiff seeks to recover monies allegedly overpaid by him through miscalculation to the defendant for services rendered during the term of the de*13fendant’s employment as manager of the plaintiff’s store. The declaration contains two counts, one in contract and one in tort for conversion. The answer is a general denial.

The trial justice made a finding for the defendant and thereafter the plaintiff moved for a new trial for the reasons that the finding was (a) against the weight of the evidence; and (b) against the weight of the law. The motion was denied. No request for…