BRIGHAM v. OLMSTEAD


10 A.D.2d 769 (1960)

Sam Brigham, Appellant, v. Howard Olmstead et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 18, 1960


On the trial of this case in the Chemung County Court the foreman of the jury announced that the verdict was for the plaintiff for $7,500 by a vote of 10 to 2. Thereupon defendant Watkins asked that the jury be polled. Without deciding this motion the court called attention of counsel to the fact the verdict as announced by the foreman would be in excess of the jurisdiction of the court. The court was of opinion that the jury should be sent back to reconsider its verdict...

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