Macy v. DeWolf
U.S. Circuit Court for the District of Rhode Island
This was an action of assumpsit in three counts. One was for goods sold and delivered. Another on an account annexed for like goods and one for money had and received. The plaintiffs [Josiah Macy and others] proved the sale of copper for the ship Corinthian, January 10th, 1842, to the value of $2,493. The vessel lay at Bristol, Ithode Island, where all the defendants [William H. DeWolf and othersj resided, and who were part owners of her at that time, in different shares.
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This was an action of assumpsit in three counts. One was for goods sold and delivered. Another on an account annexed for like goods and one for money had and received. The plaintiffs [Josiah Macy and others] proved the sale of copper for the ship Corinthian, January 10th, 1842, to the value of $2,493. The vessel lay at Bristol, Ithode Island, where all the defendants [William H. DeWolf and othersj resided, and who were part owners of her at that time, in different shares. The plaintiffs resided in New Xork, and made the bargain there as to the copper, with DeWolf, hut charged the same on…
1Opinion of the Court
WOODBURY, Circuit Justice.
This motion relates to causes for a new trial; some happening since the verdict, and some before. Those assigned for what occurred before, will first be attended to. They do not possess much difficulty, except that one in respect to the competency of the witness, Dimon. One is that the verdict is against evidence. But the principles just laid down in the case of Fearing v. DeWolf [Case No. 4,711], show that this is not one of the class of verdicts which this court feels justified to set aside on the ground that it is against the weight of evidence. For although it is…
2Cases cited20 opinions
- Dillingham v. SnowMassachusetts Supreme Judicial Court · 1809
- Mumford v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1822
- Nicoll v. MumfordNew York Court of Chancery · 1820
- Post v. KimberlyCourt for the Trial of Impeachments and Correction of Errors · 1812
- Guyot v. ButtsNew York Supreme Court · 1830
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3Cited by1 opinion
- The Catherine M. MonahanDistrict Court, D. Maryland · 1912