Tinson v. . Welch
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Hew York, reversing an order of the judge at the Trial Term setting aside a verdict in favor of the plaintiff and granting a new trial.
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Appeal from order of the General Term of the Superior Court of the city of Hew York, reversing an order of the judge at the Trial Term setting aside a verdict in favor of the plaintiff and granting a new trial. The action was brought to recover for seventy-five yards i of carpet sold and delivered to the defendant by the firm of R. R. Tinson & Co., of which the plaintiff is survivor, and for making and laying the same down in his house, and for fifty yards of batting, also sold, delivered and laid down therein. The defendant in his answer sets up a special contract and a failure to perform…
1Opinion of the Court
Lott, Ch. C.
It appears by the recital in the order granting the new trial that the motion therefor was made, on the part of the defendant, on the judge’s minutes, upon the ground that the verdict was against the instructions of the court. The only question therefore to be determined is, whether the order was proper. The Code, § 264, provides that “ the judge who tries a cause may, in his discretion, entertain a motion, to be made on his minutes, to set aside a verdict and grant a new trial upon exceptions, or for insufficient evidence, or for excessive damages.” The motion, on which the order…
2Cited by2 opinions
- Clark v. Mechanics' National BankNew York Court of Common Pleas · 1880
- Dusenbury v. DusenburyThe Superior Court of New York City · 1881