Supreme Court of the State of New York, General Term -- First Department

Supreme Court of the State of New York, General Term -- First Department

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ...I respectfully submit that there was nothing in this case which warranted a submission to the jury. Upon all of the evidence every issue involved was left in the haziest kind of a condition. There was not suflicient evidence upon which the jury could find what goods the plaintiff claimed had been converted by the defendants, where they were or how much they were worth, what goods had been taken away by the plaintiff, by John C. Rodgers and by others for the plaintiff, and what the value of those taken away was, and what the value of the remaining goods. It would take a' mathematical genius to now sit down and from this printed book on appeal figure out what is due to the plaintiff excluding all the testimony from the case ex cept that of the plaintiff and his son, his witnesses. There, is no basis upon which a just verdict could be predicated, and there are no calculations, which can.be made, which will justify the verdict foundjby the jury. LASTLY. I respectfully submit that this judgment should be reversed and a new trial ordered. E. T. LOVATT, Attorney for Defendants and Appellants. MARTIN B. BROWN, Printer and Stationcr, 49 and 51 Park Place, N. Y. This is an appeal by the defendants from a judgment entered upon a verdict of the jury in favor of the plaintiff and against the defendants for the sum of $2,255.17 damages and costs, and from an order denying a motion for a new trial. See Judgment, p. 7; Order Denying Motion, p. 6; Notice of Appeal, p. 8. The action was brought against defendants O'Brien and Clark, as copartners, to recover for the conversion of certain tools and machinery belonging to the plaintiff, which the defendants refused to deliver after demand. The complaint alleged the copartnership, the ownership of...
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Product details

  • Paperback | 318 pages
  • 189 x 246 x 17mm | 572g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236872096
  • 9781236872098