Moore v. Dennis

I concur in the result only because in view of the concession of the plaintiff in reference to the amount of damages, the interests of substantial justice require a re-examination of all the facts by a trial court.

In order to say that the findings of fact as to the ownership of the securities is against the weight of evidence, it must be concluded that the testimony of the witnesses Coffin, Wendland, Wood, Weeks, Simpson, Forbes, Moore, Havens and Calkins, *606and of each of such witnesses, was in some respect fabricated. The trier of the facts has heard the testimony of each of these witnesses,…