¶1While concurring in the foregoing opinion, I deem it not inopportune to add that the evidence tends very strongly to support the release and settlement, and in respect thereto the verdict seems to be against the weight of the evidence. Phelan v. Mayor, etc., 119 N. Y. 86, 23 N. E. Rep. 175. I think there should be a new trial. Judgment and order reversed, and new trial granted, costs to abide the event.
24 N.Y.S. 955
Dorwin v. Westbrook
Decided September 15, 1893
New York Supreme Court · decided 1893-09-15
Action by William E. Dorwin and another against James B. Westbrook for a balance due for work, labor, and materials. From a judgment on a verdict for plaintiffs, and from an order denying a motion for a new trial on the minutes, defendant appeals.
Relies on Phelan v. Mayor of New York
Reversed · Decided 1893-09-15