Cook v. Hill
The Superior Court of New York City
Tras was an action of libel. The cause of action consisted in certain charges made against Carroll & Cook, a firm of which the plaintiff was a member, in a memorial addressed by the defendant to the Postmaster General, in which he protested against the execution of a contract with the plaintiff’s firm, for furnishing supplies for the Post-office Department, in consequence of alleged fraud on their part in submitting proposals.
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Tras was an action of libel. The cause of action consisted in certain charges made against Carroll & Cook, a firm of which the plaintiff was a member, in a memorial addressed by the defendant to the Postmaster General, in which he protested against the execution of a contract with the plaintiff’s firm, for furnishing supplies for the Post-office Department, in consequence of alleged fraud on their part in submitting proposals. The cause came on for trial before the Chief Justice on the 22d of December, 1848. Upon the trial, it appeared, that, on the 24th of November, 1846, the Postmaster…
1Opinion of the Court
By the Court. Oakley, Ch. J.
The defendant moves for a new trial, on several grounds.
1. The first which we will notice, is that the jury have given excessive damages. Although the court has the power to grant new trials on this ground, it is one that is sparingly used, and we see no reason for its exercise in this case. The amount of the verdict does not shock the sense of the court as to its propriety, and we cannot disturb it.
2. It was contended that the verdict was clearly against the weight of evidence. We have considered this objection, and without going into detail, it suffices to say,…
2Cited by13 opinions
- Briggs v. GarrettSupreme Court of Pennsylvania · 1886
- Runge v. FranklinTexas Supreme Court · 1889
- Coogler v. RhodesSupreme Court of Florida · 1896
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- Van Wyck v. . AspinwallNew York Court of Appeals · 1858
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