Meddaugh v. Bigelow
New York Supreme Court
APPEAL from an order granting a new trial on the minutes of the court. The action was brought to recover $1,000 alleged in the complaint to have been lent by the plaintiff to the defendant, at his request. The answer was a simple denial of the complaint. The action was tried before Justice Murray, with a jury. But three witnesses were sworn, on the trial, the plaintiff, in his own behalf—and the defendant and the former wife of the plaintiff on the defence.
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APPEAL from an order granting a new trial on the minutes of the court. The action was brought to recover $1,000 alleged in the complaint to have been lent by the plaintiff to the defendant, at his request. The answer was a simple denial of the complaint. The action was tried before Justice Murray, with a jury. But three witnesses were sworn, on the trial, the plaintiff, in his own behalf—and the defendant and the former wife of the plaintiff on the defence. The proof showed that the defendant received from the plaintiff $1,000; but, according to the evidence on the part of the defence, the…
1Opinion of the CourtBockes, J.
The learned judge who tried the cause at the circuit, came to the conclusion, after careful consideration of the case on all the proof, that the verdict was *108manifestly against the weight of evidence. He says: “The weight of evidence is so preponderating in favor of the defendant, that the conclusion is irresistible that the jury either fell into some mistake and adopted some mistaken theory, or else were governed by prejudice in finding for the plaintiff.” In this conclusion we are of the opinion he was right. The plaintiff’s case rested entirely on his own testimony. He was not willing to…
2Cited by5 opinions
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