Potter

Murray, C. J., concurred.

The power of the Court to grant a new trial on the ground of excessive damages, is seldom exercised. This results as much from the paucity of cases in which such a complaint is made, as from the indisposition of Judges to interfere with the measure of damages which result from the deliberation of a jury. But there occasionally occur cases, in which even this diffidence on the part of Courts of law, is totally overcome by the gross inconsistency of the verdict in its relation to the facts. This case is essentially one of that description. The conduct of the plaintiff in reference to his business transaction with the defendant, was reprehensible in the last degree, and we should be sorry to think that the commercial morality of the age could tolerate it in any other aspect than as dishonorable and unconscientious. He holds the defendant's notes for the important sum of four thousand dollars. As a favor, when they become due he asks and obtains payment, without being able to deliver the notes, because they were in pledge, from which he promises to relieve them and deliver them up. After repossessing himself of them, he not only refuses to deliver them to…