Garton v. Stern

Citations

• 121 Cal. 347
• 53 P. 904
• 1898 Cal. LEXIS 908

Syllabus

<p>Obdeb Gbanting New Tbial—Appeal—Conflict of Evidence—Change of Judge.—It is the province and duty of the judge, upon motion for a new trial, to inquire into the sufficiency of the evidence to support a verdict or finding, and to grant a new trial when, in his judgment, the evidence is insufficient to support the decision, and his ruing will not he disturbed on appeal if there is a fair and substantial conflict of evidence on the issue involved. The power and duty of the judge to grant a new trial in such a case is not affected by the fact that the original trial was not had before him, and that his only knowledge of the facts of the case was obtained from the record.</p> <p>Id.—Insolvency—Sam of Stock of Goods—Good Faith of Purchaser.—In ■an action by an assignee of an insolvent debtor to recover a stock -of goods sold by the insolvent to the defendants, where judgment ¡had been rendered for the plaintiff, and a motion by the defendants for a new trial was granted by another judge than the one who had. tried the case, on the ground that the evidence did not sustain the finding that at the time of the sale the defendants had reasonable cause to believe that plaintiff was insolvent and made the transfer with a view to prevent the property from coming to the assignee in insolvency, where the evidence was conflicting, and both the insolvent and the defendants positively testified contrary to the finding, and it appeared that the stock of goods had been continuously offered for sale to . various parties for three months prior to the sale, and that defendants had made a standing offer therefor of a certain sum of money, no gross abuse of discretion appears in the order granting a new trial, and it will not be disturbed upon appeal.</p>