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2 Super. Ct. (R.I.) 82

Marsella v. Simonelli

Superior Court of Rhode Island

Decided July 31, 1919

Superior Court of Rhode Island · decided 1919-07-31

Decided 1919-07-31

¶1DECISION

DORAN, J.

¶2Eor that part of plaintiff’s elaim not represented by his checks, I do not think it clear that the evidence preponderates in favor of plaintiff. A verdict for plaintiff for the debt represented by the ehecks I should not disturb, but plaintiff testified to credits in defendant’s favor amounting to about $141. If interest is allowed on the ehecks from their dates, it is impossible with any accuracy to make rests for deduction of the credits. The plaintiff was a most difficult witness to understand. I have not data of sufficient certainty to attempt to make a remittitur.

¶3Motion for new trial granted.

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