Young v. . Davis
New York Court of Appeals
Appeal from an order made at a 'General Term of the ■ Supreme Court, affirming an order of the Special Term, setting aside a verdict and granting a new trial on terms, on the ground that the verdict was against the weight of evidence.
1Opinion of the CourtDavies, J.
This action was commenced to recover the amount of a promissory note. The defense was usury. The action was tried at the Onondaga circuit, in October, 1858, and a verdict rendered for the plaintiff. No exceptions were taken to the charge by either party, and subsequently the judge who tried the case, upon the minutes, set' aside the verdict and ordered a new trial. On appeal this order was affirmed at the general term, and the plaintiff now appeals to this court, and stipulates, if the order is affirmed, that judgment absolute may be rendered. The verdict was set aside as being against the…
2Cases cited1 opinion
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
3Cited by12 opinions
- Wright v. . HunterNew York Court of Appeals · 1871
- Gutin v. Mascali & Sons, Inc.New York Court of Appeals · 1962
- McEteere v. LittleNew York Court of Common Pleas · 1878
- Sands v. . CrookeNew York Court of Appeals · 1871
- Briscoe v. LittAppellate Terms of the Supreme Court of New York · 1896
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