Merchants' Bank of Canada v. Ortmann

This case was once before in this court, and the decision upon it is reported in 41 Mich. 482. On a second trial defendant recovered judgment and the plaintiff brings the case here by writ of error. The exceptions are numerous, but in the main they come to this: that the judge, in the manner in which he submitted the case to the jury *420and in liis comments on the evidence, gave undue promrnence to'whatever would tell in favor of the defendant, and thereby unfairly prejudiced the plaintiff’s case. In respect to this complaint it is to be said that it is one very frequently-made by the defeated…