Holdridge v. Hamilton
Holdridge v. Hamilton
Opinion of the Court
The error assigned in this case to the judgment of the Court below, is the refusal of the Court to grant a new trial upon the facts set forth in the record. The defense of the defendants against the payment of the note sued on, was the leaky condition of the store-room, for the rent of which the same was given. In our judgment, the weight of the evidence (independent of the newly discovered testimony) was in favor of the leaky condition of the store-room at the time the defendants occupied it, but we should not have interfered with the verdict of the jury on that ground alone. The evidence of the Cherrys, that the roof did not leak after they occupied it, is accounted for by the newly discovered evidence of Faulkner, the tinner, who states, in his affidavit, that early in February, 1867, he soldered a number of open seams
Reference
- Full Case Name
- H. S. Holdridge and Wife, in error v. A. L. Hamilton and Wife, in error
- Status
- Published