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Silberberg v. M. Ascher Silk Corp.

208 A.D. 766 Court N.Y. App. Div. English

Delivered by Clarke, P. J.

Contents

Majority

p. 766
Michael Silberberg, Trading under the Firm Name and Style of Empire Manufacturing Company, Respondent, v. M. Ascher Silk Corporation, Appellant.

Headnote

Appeal from a judgment of the Supreme Court in favor of the plaintiff, entered in the New York county clerk’s office February 5, 1923, upon the verdict of a jury; also from an order entered February 3, 1923, allowing interest upon the verdict, and also from an order entered January 31, 1923, denying the defendant’s motion for a new trial.
Judgment and orders affirmed, with costs. No opinion. Present — Clarke, P. J., Smith, Merrell, Finch and Martin, JJ.; Clarke, P. J., and Merrell, J. dissent.

(dissenting):

The verdict, in my opinion, was clearly against the weight of the evidence. Furthermore, plaintiff having sued for $25,000, and the court having charged at the request of plaintiff’s counsel that if the jury behoved the plaintiff’s story and plaintiff’s witnesses they might find a verdict for the plaintiff for $6,615, besides interest, and the jury having returned a verdict for $2,500, there is no basis in the evidence for such a finding, and it was evidently a compromise verdict. I, therefore, dissent and vote to reverse and grant a new trial.