Legal Opinion · Dissent

Louis J. Gumpert v. The Bon Ami Company

Court of Appeals for the Second Circuit

Decided January 17, 1958No. 87, Docket 24736Published

1DissentLeibell, District Judge

The majority opinion states that the “jury’s verdict of $10,416.65, which is the difference between what Gumpert had received and $25,000, was inconsistent with the proof of either party.” Although the jury’s verdict was inconsistent with the full contention of each par*740ty, considered separately; it is not without substantial support when the evidence of both sides is considered as a whole.1 .

The majority opinion also states that in view of the jury’s verdict, the indication is that the “jury must have found either that a one-year contract was entered into on June 2 or that Rosenberg had the…

2Cases cited23 opinions

  1. Montgomery Ward & Co. v. DuncanSupreme Court of the United States · 1940
  2. Cone v. West Virginia Pulp & Paper Co.Supreme Court of the United States · 1947
  3. Johnson v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1952
  4. Martin v. New York Life InsuranceNew York Court of Appeals · 1895
  5. Corrigan v. . Bobbs-Merrill Co.New York Court of Appeals · 1920

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