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134 Mass. 475

Phillips v. Granger

Massachusetts Supreme Judicial Court · decided 1883-03-27

Contract on a promissory note for $400. The defendants in their answer sought to recoup damages occasioned by the alleged conversion, by the holder of the note at the time of its maturity, of a certificate of stock which the defendants had deposited with the holder of the note as collateral security for the payment of the same at maturity, claiming that said damages amounted to $552.

Cited by 1 later decisions — most recently February 1890

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1883-03-27

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By the Court.

¶1It was within the discretion of the Superior Court to set aside the verdict rendered for the defendants. The court had no power to change the verdict for the defendants into a verdict for the plaintiff, even before it was set aside. After it was set aside, it certainly had no power to order a verdict to be entered for the plaintiff.

¶2The motion of the defendants was rightly denied.

¶3Exceptions overruled, with double costs.

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