280 F. 863 | 3rd Cir. | 1922
The single question is whether the trial court erred in refusing judgment non obstante veredicto. In a review of this nature we look very carefully into the issues raised by the pleadings and the testimony submitted to the jury.
The plaintiff, by his statement of claim, averred that the defendant bank is indebted to him in the sum of $3,340 for deposits made in 1899 and ever since remaining to his credit. The defendant, by its affidavit of defense, admitted that at one time the plaintiff had a deposit account with it, but averred that in 1898 he closed the account by drawing against it for the full amount; that since that time the plaintiff has made no deposits; and that, accordingly, it owes him nothing. This sharp issue of fact raised by the pleadings was tried to a jury. Conflicting testimony in support of these opposite averments was introduced and the case submitted without exception by the plaintiff to any ruling or to the charge of the court. The verdict was for the defendant. The plaintiff moved for judgment non obstante veredicto on the contention that the evidence for the defendant was both false and insufficient. The court denied the motion and the plaintiff sued out this writ of error.
Eaying aside any question of the plaintiff’s right to maintain this writ, we are disposed to give consideration to the ground on which
As the evidence on the one material issue of fact in the case was conflicting, the trial court was without power to grant the plaintiff’s motion for jixdgment non obstante veredicto. Therefore, the judgment entered on the verdict must be affirmed.