Winchester v. Grosvenor

Citations

• 44 Ill. 425

Syllabus

<p>1. New trial—of excessive damages. Where the jury, finding for the plaintiff, assess the damages at an amount in excess of what the evidence proves the plaintiff is entitled to, a new trial will be granted, unless on remanding the cause, a remittitur is entered for the damages so claimed to be excessive.</p> <p>2. Evidence—to explain a receipt.’ A written receipt is evidence of the highest and most satisfactory character, and, to do away with its force, the testimony should be convincing, and not resting on mere impressions, and the burden of proof rests on the party attempting the explanation.</p>