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eBook details

• Title: Mcwilliams v. American Fidelity Co.
• Author : Supreme Court of Connecticut
• Release Date : January 12, 1954
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

The plaintiff brought this action
to recover money paid to the defendant in
satisfaction of a promissory note. Her
complaint alleged, in the first count, that
the note was obtained from her by the fraud and
misrepresentation of the defendant, and, in the
second count, that she had executed and paid
the note under the mistaken belief that she was
indebted to the defendant. The trial court
instructed the jury to disregard the second count
and submitted the case to them on the first count
only. The jury returned a verdict in favor of the
defendant, and the plaintiff has appealed from the
judgment rendered thereon. She claims error in the
denial of her motion to set aside the verdict, in
the charge, in rulings on evidence, and in the
refusal to correct the finding. We shall consider first the denial of the motion
to set aside the verdict on the first count. It is
obvious by their verdict that the jury refused to
accept the evidence of the plaintiff as
establishing the fraud upon which she relied. It
is only in the most unusual circumstances that
we will find error in the refusal of the trial
court to set aside a verdict for the defendant,
since it is almost impossible to determine
[140 Conn. 575]

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