Courembis v. Weinstein

CAYTON, Chief Judge.

Two questions are presented for decision (1) whether a jury’s unauthorized inclusion of interest in its verdict rendered the entire verdict invalid, and (2) whether the trial court was required to grant a motion for new trial because the judge who tried *90the case had died before acting on the motion.

The suit was on a promissory note for “$500 with interest at five per cent per an-num from date,” which date was March 7, 1950. The defendant maker alleged that there had been a failure of consideration and a breach of conditional delivery. The jury returned a verdict “For the…