Santangini v. Manocco

Superior Court of Rhode Island

Santangini v. Manocco

3 R.I. Dec. 7

CourtSuperior Court of Rhode Island

DecidedJuly 15, 1926

DocketLaw No.45517

StatusPublished

This text of 3 R.I. Dec. 7 (Santangini v. Manocco) 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

Santangini v. Manocco, 3 R.I. Dec. 7 (R.I. Ct. App. 1926).

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Opinion

RESCRIPT

WALSH, J.

Heard on defendant’s motion for new trial and on plaintiff’s motion for new trial on the question of damages only.

The action is to recover the sum of $4100 on an alleged “account stated” made by assignor of plaintiff and the husband of defendant with defendant’s knowledge and consent. The transactions arose out of the purchase of real estate by defendant and her husband for which the plaintiff’s assignor lent them money from time to time. The “account stated” is alleged to have been arrived at after an accounting had been made between the original parties. The verdict was $2000 for plaintiff.

On the evidence adduced, the only question was whether $4100 was due. The jury were apparently misled as to their duty and arrived at a compromise verdict. We feel that substantial justice can be arrived at only by a re-consideration of the whole ease.

Defendant’s motion for a new trial granted.

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RESCRIPT

WALSH, J.

Heard on defendant’s motion for new trial and on plaintiff’s motion for new trial on the question of damages only.

The action is to recover the sum of $4100 on an alleged “account stated” made by assignor of plaintiff and the husband of defendant with defendant’s knowledge and consent. The transactions arose out of the purchase of real estate by defendant and her husband for which the plaintiff’s assignor lent them money from time to time. The “account stated” is alleged to have been arrived at after an accounting had been made between the original parties. The verdict was $2000 for plaintiff.

On the evidence adduced, the only question was whether $4100 was due. The jury were apparently misled as to their duty and arrived at a compromise verdict. We feel that substantial justice can be arrived at only by a re-consideration of the whole ease.

Defendant’s motion for a new trial granted.

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Bluebook (online)

3 R.I. Dec. 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santangini-v-manocco-risuperct-1926.