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Goldstein v. Silberstein

52 N.Y. St. Rep. 513 Court N.Y. City Ct. Decision date 1893-05-09 English

Delivered by Fitzsimons, J.

Contents

Majority

p. 513
Joseph Goldstein, Resp't, v. Jacob Silberstein, App'lt.
(City Court of New York, General Term,
Filed May 9, 1893.)

Headnote

Verdict—Grounds for setting aside.
A. verdict should not be disturbed unless it shows passion, prejudice, mistake, corruption, or shocks the judgment of man, or is without evidence or so decidedly against the evidence as to show partiality or gross ignorance.
Appeal from judgment in favor of plaintiff.
Herman Joseph, for resp’t; Blumenstiel & Hirsch, for app’lt.

The appellant’s main contention is that the verdict is against the weight of evidence, and contrary to the law.

A verdict should not be disturbed unless it shows passion, prejudice, mistake, corruption, or shocks the judgment of man, or is without evidence or so decidedly, against the evidence as to show partiality or gross ignorance.

We have carefully examined the evidence in this case for the purpose of determining whether or not the rule of law above stated applies herein against plaintiff.

p. 514
We find that the evidence fully justifies the verdict. It also appears that the note in question was purchased in good faith and for full value, and certainly no charge of fraud or corruption applies to its transfer.

The judgment must be affirmed, with costs.

Ehrlich, Ch. J., and Newburger, J., concur.