Marsella v. Simonelli

Superior Court of Rhode Island

Marsella v. Simonelli

2 Super. Ct. (R.I.) 82

CourtSuperior Court of Rhode Island

DecidedJuly 31, 1919

DocketNo. 37993

StatusPublished

This text of 2 Super. Ct. (R.I.) 82 (Marsella v. Simonelli) is published on Counsel Stack Legal Research, covering Superior Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Marsella v. Simonelli, 2 Super. Ct. (R.I.) 82 (R.I. Ct. App. 1919).

Pincite

Opinion

DECISION

DORAN, J.

Eor that part of plaintiff’s elaim not represented by his checks, I do not think it clear that the evidence preponderates in favor of plaintiff. A verdict for plaintiff for the debt represented by the ehecks I should not disturb, but plaintiff testified to credits in defendant’s favor amounting to about $141. If interest is allowed on the ehecks from their dates, it is impossible with any accuracy to make rests for deduction of the credits. The plaintiff was a most difficult witness to understand. I have not data of sufficient certainty to attempt to make a remittitur.

Motion for new trial granted.

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DECISION

DORAN, J.

Eor that part of plaintiff’s elaim not represented by his checks, I do not think it clear that the evidence preponderates in favor of plaintiff. A verdict for plaintiff for the debt represented by the ehecks I should not disturb, but plaintiff testified to credits in defendant’s favor amounting to about $141. If interest is allowed on the ehecks from their dates, it is impossible with any accuracy to make rests for deduction of the credits. The plaintiff was a most difficult witness to understand. I have not data of sufficient certainty to attempt to make a remittitur.

Motion for new trial granted.

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Bluebook (online)

2 Super. Ct. (R.I.) 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marsella-v-simonelli-risuperct-1919.