Layman v. John Anderson & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Martin Layman, from an order of the Supreme Court, made at the New York Circuit and entered in the office of the clerk of the county of New York on the 28th day of October, 1895, setting aside the verdict of' the jury and granting a new trial.
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Appeal by the plaintiff, John Martin Layman, from an order of the Supreme Court, made at the New York Circuit and entered in the office of the clerk of the county of New York on the 28th day of October, 1895, setting aside the verdict of' the jury and granting a new trial. The jury rendered a verdict in favor of the plaintiff for $15,000. The action was brought upon a contract made February 8, 1890, by and between the plaintiff and defendant herein and one John C. Anderson, wherein it was agreed, so far as it is material here to refer to it, that the plaintiff, in consideration of $35,000 to…
1Opinion of the Court
Williams, J.:
The real ground upon which the verdict was set aside was that it was unsupported by the evidence. The learned trial judge evidently regarded the verdict as an improper one, to be rendered upon the evidence in the case. He refused ■ to hear any argument upon the motion, but granted it as soon as it was made, remarking that he regarded the verdict as a present or gift to the plaintiff of $15,000, to which he had not a shadow of right, and he desired to place on record his disapproval of the verdict. He heard all the evidence, and seems to have had, at the close of the case, very…
2Cited by20 opinions
- Kafka v. LevensohnAppellate Terms of the Supreme Court of New York · 1896
- Suhrada v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Voisin v. Commercial Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
- Wagner v. H. Herrmann Lumber Co.Appellate Terms of the Supreme Court of New York · 1910
- Briggs v. GelmAppellate Division of the Supreme Court of the State of New York · 1907
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