United States v. Five Cases of Cloth
District Court, S.D. New York
This was a motion for a new trial on a cas.e made by the defendant [William Broadbent], and was submitted on written points. The circumstances of the case, and the point upon which his honor’s opinion was sought, sufficiently appear in the adjudication.
1Opinion of the Court
BETTS, District Judge.
The defendant applies upon a case made to set aside the verdict rendered in-this cause, and for a new trial, because the verdict is against evidence.
I am satisfied, from a reperusal of the proofs, that if the testimony is entitled to full *1094credit, the verdict is clearly against the weight of evidence, and ought for that cause to be set aside. Kohne v. Insurance Co. of North America [Case No. 7,921]; Judiciary Act, Sept. 24, 1789, § 17 [1 Stat. 73].
It appears to me, also, that there is no proof in the case which could shake my faith in the witnesses for the claimant; and,…
2Cases cited4 opinions
- Hammond v. WadhamsMassachusetts Supreme Judicial Court · 1809
- Ward v. CenterNew York Supreme Court · 1808
- Griffith v. WillingSupreme Court of Pennsylvania · 1811
- Lessee of Fehl v. GoodSupreme Court of Pennsylvania · 1810