2 Years Transportation Progress Volume 11

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1891 edition. Excerpt: ...in his behalf that he hadsucceeded in obtaining persons who were willing to take the stock to the amount of $200,000 in the company, provided the addition of a patent then understood to have been, but which had not in fact been, issued to William H. Appleton should be added to those represented to be owned by the defendant; and that the defendant afterwards declined to fulfill the agreement upon his part, and for that reason the company was not formed, and the stock was not taken by the persons who had been procured through the plaintiff's instrumentality to receive and pay for it. The evidence which he himself gave as a witness upon the trial directly tended to sustain the truth of these allegations. But his statements were denied by the defendant, and other evidence was given in his behalf tending to establish the fact that no definite agreement or understanding had been reached with either of the persons expected to subscribe for and take the stock that they would receive or pay for the shares which were to be sold. The case was submitted to the jury upon the testimony in this manner secured, and from correspondence and documents produced and proved during the progress of tlie trial. They found a verdict in favor of the plaintiff for the sum of $200,000, which was the par value of the 2,000 shares the plaintiff claimed he had become entitled to receive, and the court, on motion, set aside the verdict on the ground that it was against the evidence, and also for an excessive amount of damages. Whether the preponderance of the evidence in favor of the defendant was so great as to justify the order it is not necessary to decide, for there was no evidence produced before the jury which justified the rendition of so large a verdict in...