HORNER v. FLYNN


334 A.2d 194 (1975)

Peter L. HORNER v. Patrick H. FLYNN and Motorcycle Training Corp.

Supreme Judicial Court of Maine.

March 6, 1975.


Attorney(s) appearing for the Case

Bennett & Schwarz, P. A., by Barry Zimmerman, Peter J. DeTroy, III, John N. Kelly, Portland, for plaintiff.

Lipman, Parks & Livingston, P. A., by Sumner H. Lipman, John M. Parks, Augusta, for defendant.

Before DUFRESNE, C. J., and WEATHERBEE, POMEROY, ARCHIBALD and DELAHANTY, JJ.


POMEROY, Justice.

Of the many interesting issues raised by this defendant's appeal from a judgment entered on a jury verdict in favor of the plaintiff, one issue stands out as requiring extensive analysis and discussion.

The complaint alleged fraud.

The defendant requested the presiding Justice to instruct the jurors they could return a verdict for the plaintiff only if the evidence of fraud was "clear...

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