127 Mich. 36 | Mich. | 1901
This action is brought against defendant Putnam, as principal, and his co-defendants, as sureties, on a county treasurer’s bond. The case has once been before the court, the former judgment being reported in 122 Mich. 581 (81 N. W. 573). A new trial has been had, resulting in a verdict in favor of the plaintiff for •11,044. The plaintiff moved for a new trial on the ground that the verdict was against the weight of the evidence, it being for only'a small portion of plaintiff’s claim, and asked, in the same motion, that the case be referred to a referee upon the granting of a new trial. The motion was denied, and the plaintiff has brought the case to this court, assigning error on the charge, and on the rulings admitting testimony, and upon the refusal of the court to grant a new trial. We think the circuit judge kept well within the rules of law laid down in the former decision, and that no error was committed in his rulings upon the admissibility of testimony, or in his charge to the jury.
Under the statute, however, we are called upon to determine whether the verdict was so clearly against the weight of the testimony as to call for the vacation of the verdict and the granting of a new trial. We have read the record with care, and we are constrained to say that we think the jury were confused in the attempt to render a just accounting between the parties. The facts in the case are that there were three different settlements with the treasurer. As held in our former opinion, these settlements are to be taken as prima facie correct. But the circuit judge, on the second trial,- correctly charged the jury that, if they found that Putnam was not charged with all the sums he received as treasurer of the county, and has not since accounted for them to the county, or to his successor in office, he should be charged with them in this case. The testimony shows pretty conclusively, as we
The judgment will be reversed, and a new trial ordered. Costs of the former trial will abide the event. The plaintiff will recover costs of this court.