Dalton v. Clough

Citations

• 50 Ill. 47

Syllabus

<p>' 1. New trial—verdict against the evidence. Where, in an action of assumpsit upon a promissory note, under a plea of the general issue, with notice of payment and tender, it is clearly evident the jury did not consider and understand the case, and that their verdict was against the weight of evidence, this court will not hesitate to reverse the judgment</p> <p>2. In actions ex contractu, where it appears from the record, the jury have mistaken the evidence, or found against a clear preponderance, this court will not hesitate to set aside the verdict. In actions ex delicto, the rule is more strict.</p>