Leonard's of Plainfield, Inc. v. Dybas

The opinion of the court was delivered by

Heher, J.

Plaintiff sued upon a book account and for goods sold and delivered. Defendant counter-claimed for damages for deceit respecting the quality and weight of a diamond sold to him by plaintiff. The issues were submitted to a jury; and there was a verdict for plaintiff. Defendant appeals from the consequent judgment.

The single point made is that the trial judge “secretly gave instructions to the jury without the presence of the attorney for the defendant or of the defendant.”

It is certified in the state of the case settled by the District Court…