Whipple v. Lewis

Citations

• 69 Pa. Super. 279
• 1918 Pa. Super. LEXIS 378

Syllabus

<p>Appeals — New trial — Discretion of court — Promissory note.</p> <p>The action of the court below in granting or refusing a new trial is so largely a matter of discretion, that its exercise will not be reviewed, except in a clear case of abuse of that discretion. Where it does not appeár that there was a manifest abuse of judicial discretion, an appeal cannot be sustained.</p> <p>An appeal from an order granting a new trial will not be reversed where it appears that the court below directed a verdict for plaintiff in an action on a promissory note, but subsequently granted a new trial, and there is some evidence that the transaction by which the plaintiff secured the note, was tainted with fraud, and that the plaintiff knew of the fraud.</p>