Algeo v. . Duncan
New York Court of Appeals
Appeal from order of General Term of the Supreme Court in the Second District, affirming order setting aside a verdict for the Plaintiff, and granting a new trial. The action is upon a promissory note for $418.80, dated October 1, 1853, made by the Defendant, payable twelve months after date, to the order of Samuel Cox, and endorsed to the Plaintiff.
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Appeal from order of General Term of the Supreme Court in the Second District, affirming order setting aside a verdict for the Plaintiff, and granting a new trial. The action is upon a promissory note for $418.80, dated October 1, 1853, made by the Defendant, payable twelve months after date, to the order of Samuel Cox, and endorsed to the Plaintiff. The answer stated several grounds of defence, but on the trial the note was read in evidence, and the balance thereof unpaid was agreed upon, and it was admitted “ that the defence was solely founded upon the plea of infancy,” and the Plaintiff"…
1Opinion of the CourtWoodruff, J.
The 264th section of the Code of Procedure 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.”
I am not willing to concede that, if no such provision were found in our Code, there is any want of power in the Judge presiding at the trial of a cause to set aside a verdict rendered by a jury, when it is palpably against law, or wholly and clearly unwarranted hy the evidence, or where it is rendered in the face of…
2Cited by23 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Metropolitan Railroad v. MooreSupreme Court of the United States · 1887
- Lux v. HagginCalifornia Supreme Court · 1886
- Serles v. SerlesOregon Supreme Court · 1899
- Flaherty v. Butte Electric Ry. Co.Montana Supreme Court · 1910
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