Hicenbothem v. Lowenbein
The Superior Court of New York City
This was an appeal from an order denying a motion made on "behalf of the defendant. (1.) To amend the verdict rendered in the action, or the entry thereof in the minutes, and give the defendant judgment according to such amended verdict.
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This was an appeal from an order denying a motion made on "behalf of the defendant. (1.) To amend the verdict rendered in the action, or the entry thereof in the minutes, and give the defendant judgment according to such amended verdict. (2.) To have the costs of each party adjusted in his favor; to compel the plaintiff to enter judgment for such costs, and after offsetting such costs and the amount óf the verdict against each other, allow execution for the excess to the party entitled thereto. (3.) For general relief. The complaint contained four numbered paragraphs: One, setting out the…
1Opinion of the Court
By the Court, Robertson, Ch. J.
The evidence in this case seems to me so clearly to preponderate against the finding by the jury formally of any verdict in favor of the defendant, that independently of any personal knowledge on the subject, the court at special term was justified in refusing to change the minutes. The jury were undoubtedly in his favor as to the injury to the chattels removed from the premises in question, but were restrained from so expressing themselves by the instruction of the court, that their verdict was equivalent to a general one for the plaintiff. The defendant is…
2Cases cited1 opinion
- Hall v. McKechnieNew York Supreme Court · 1856