Clark v. Mechanics' National Bank
New York Court of Common Pleas
Appeal from- an order made by the judge before whom, the case was tried granting, upon a motion made upon his minutes, a new trial and setting aside the verdict. The action was brought to recover a balance of deposit made by the plaintiff with the defendant, and interest thereon. The defendant claimed to have paid out the whole balance on checks drawn by the plaintiff.
Read the full summary
Appeal from- an order made by the judge before whom, the case was tried granting, upon a motion made upon his minutes, a new trial and setting aside the verdict. The action was brought to recover a balance of deposit made by the plaintiff with the defendant, and interest thereon. The defendant claimed to have paid out the whole balance on checks drawn by the plaintiff. Judge Joseph F. Daly presided at the trial, and in the charge presented the question of fact to the jury as follows : “ Gentlemen of the Jury.—The claim of the plaintiff in this action is for $27,149 90, the amount of…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The appellant claims that under the amended Code (§ 999) the judge who tries the cause has no power to set aside a verdict as against the weight of evidence on a motion made upon his minutes ; that *501the provision that he may entertain such a motion when the verdict is “ contrary to the evidence ” does not mean where it is against the weight of evidence♦ There has long been a well-recognized distinction between verdicts which are simply against evidence and those which are against the weight of evidence. The first embraces cases in which there is no evidence to…
2Cases cited4 opinions
- Fowler v. Ætna Fire InsuranceNew York Supreme Court · 1831
- Morss v. SherrillNew York Supreme Court · 1871
- Embree v. EllisNew York Supreme Court · 1807
- Tinson v. . WelchNew York Court of Appeals · 1872
3Cited by10 opinions
- People v. RamosAppellate Division of the Supreme Court of the State of New York · 1970
- Engel v. SchoolherrNew York Court of Common Pleas · 1884
- Lavelle v. CorrignioNew York Supreme Court · 1895
- Clark v. Mechanics' National BankNew York Court of Common Pleas · 1882
- Hopkins v. ClarkNew York Court of Common Pleas · 1895
5 more not listed; retrieve them via the Exa API.