Voltz v. Stephani

Citations

• 46 Ill. 54

Syllabus

<p>1. New Trial—verdict against the evidence. It is not error for a court to refuse to set aside a verdict, when the testimony on the part of the defendant is in direct conflict with that of the plaintiff; the credibility of the witnesses being, in such case, the point on which the finding of the jury must turn. And in such case, this court will not reverse the judgment, even though it would have been better satisfied, had the verdict been otherwise.</p> <p>2. Evidence—what facts not conclusive as to whom, credit was given by a vendor of goods. In an action brought by A against B and C , partners, to recover for certain goods alleged to have been sold to them, and the proof was conflicting, as to whether the credit for the same had been given to them, or to one D.: Meld, that the mere fact that the goods were delivered to D , and the bills for the same made out in his name, was not conclusive evidence that the credit was given to him. That question was for, the jury to determine, upon the whole of the evidence.</p> <p>3. Instructions—In such ease, it was not error for the court to refuse an instruction to the jury, that if they found the goods were delivered to D and the bills made out in his name, that the suit could not be maintained; nor an instruction, that if they believed from the evidence, that the goods were delivered to D upon the order of B , one of the partners, a recovery could not be had; as guch latter instruction, if given, would have misled them; there being proof that both of the partners authorized the delivery of the goods to D.</p>