32 N.Y.S. 356 | N.Y. Sup. Ct. | 1895
This action was brought to recover commissions upon the purchase price of certain sugar refineries alleged to have been earned under an agreement with the defendant. Upon the trial the jury rendered a verdict for the defendant. The verdict was rendered on April 12, 1894, and an order entered on that day denying a motion for a new trial on the judge’s minutes, but judgment was not entered until June 16th. On May 5th the plaintiffs moved at special term, upon affidavits and upon the minutes of the trial, to
Upon the merits of the case, the testimony was of a most conflicting character. The jury adopted the defendant’s version of the case, and their determination of the facts is final. The exceptions to the exclusion of testimony are not sustained. The testimony .offered in rebuttal was properly excluded. The facts which it was sought to bring out were not material to the controversy. It was not denied that Leonard and defendant had had frequent conversations both at their respective homes and on the trains. The facts