Wells v. Cox
New York Court of Common Pleas
Appeal from an order at Special Term. The judge on the trial charged the jury that a certain, amount, if anything, was due to the plaintiff, being the amount of the draft on which suit was brought with interest and protest fees, and that if they found for the plaintiff, they should find for him for that amount.
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Appeal from an order at Special Term. The judge on the trial charged the jury that a certain, amount, if anything, was due to the plaintiff, being the amount of the draft on which suit was brought with interest and protest fees, and that if they found for the plaintiff, they should find for him for that amount. The jury agreed upon a verdict for the plaintiff, but being uncertain as to the exact amount stated by the Court, made out a sealed verdict “ for the plaintiff for the full amount claimed and interestsupposing, according to an affidavit of all the jurors read on the motion, that the…
1Opinion of the Court
*516By the Court.
Brady, J.
In submitting this case to the jury the presiding judge stated to them the amount the plaintiff was entitled to recover, if their finding was in his favor. They agreed upon a verdict in favor of the plaintiff, hut were uncertain as to the amount stated by the judge in his charge. The uncertainty was whether the sum of six hundred and sixteen, or six hundred and seventeen dollars, or thereabouts, was the amount. They found generally therefore, for the plaintiff for the full amount claimed, and the interest. On an application made to the judge after the jury had been…
2Cases cited3 opinions
- Rockfeller v. DonnellyCourt for the Trial of Impeachments and Correction of Errors · 1826
- Burhans v. TibbitsNew York Supreme Court · 1851
- Cheetham v. TillotsonCourt for the Trial of Impeachments and Correction of Errors · 1808
3Cited by6 opinions
- Wirt v. ReidAppellate Division of the Supreme Court of the State of New York · 1910
- Peetsch v. QuinnNew York Court of Common Pleas · 1894
- Rippley v. FrazerNew York Supreme Court · 1910
- Hodgkins v. MeadNew York City Court · 1889
- Stevens v. SontoCity of New York Municipal Court · 1888
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