T. W. Lind Co. v. Nu Fastner Co.

DECISION

DORAN, J.

A new trial cannot be allowed for newly discovered evidence suggested by the affidavits filed. Such new evidence is mainly if not entirely cumulative. A letter now offered by defendant, not put in at the trial, stating that a note made by defendant was received by plaintiff in exchange for a pre-existing note, states no more than Mr. Lind said on the stand.

When the foreman was asked if the jury found for plaintiff or defendant, he answered “For the plaintiff, $1000, the amount of the note.” The verdict written by the clerk and signed by the foreman was in the ordinary form in…