Aimonetto v. Rapid Gas, Inc.

Plaintiff sued defendant on an insufficient funds check for $5,000. At the close of plaintiff's case in chief defendant moved for a directed verdict which motion was denied. At the close of all the testimony both parties moved for a directed verdict without reserving the right to go to the jury on any fact question involved in the suit. The trial judge denied the motion of the defendant and directed the jury to return a verdict in favor of plaintiff. SDC 1960 Supp. 33.1315(3). We review on the basis that the decision of the trial judge must be sustained unless the clear preponderance of the…