Palmer v. Hyde
Supreme Court of Connecticut
This was an action of assumpsit on a contract for making certain additions to the defendant’s house. General counts on a quantum valebat and a quantum meruit, were added. On the trial at Brooklyn, January term, 1822, before Hosmer, Ch. J., the defendant claimed, that he had paid the plaintiff in part for the work performed by him, on the contract in question, and, among other payments, had paid the sum of 70 dollars.
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This was an action of assumpsit on a contract for making certain additions to the defendant’s house. General counts on a quantum valebat and a quantum meruit, were added. On the trial at Brooklyn, January term, 1822, before Hosmer, Ch. J., the defendant claimed, that he had paid the plaintiff in part for the work performed by him, on the contract in question, and, among other payments, had paid the sum of 70 dollars. The plaintiff admitted, that the defendant had paid him, at a certain time, that sum; but denied, that it was paid or received on the contract. Witnesses were introduced, by both…
1Opinion of the Court
Hosmer, Ch. J.
When the verdict of a jury is against evidence, a new trial may be granted; but it must not hence be inferred, that in every case of this description, the court will direct a trial by another jury. The granting of a new trial, merely because in the opinion of the court, the verdict is rather against the weight of evidence, would reduce the trial by jury to an expensive and useless form, and take away the power vested in the jurors, by the constitution. The verdict ought to be manifestly and palpably against the weight of evidence to authorize a venire-facias de novo; and this is…
2Cited by11 opinions
- Daley v. Norwich & Worcester RailroadSupreme Court of Connecticut · 1858
- Richard v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1926
- Clark v. BeachSupreme Court of Connecticut · 1826
- Bacon v. ParkerSupreme Court of Connecticut · 1837
- Niles v. CulverNew York Supreme Court · 1850
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