
    THE PRESIDENT AND DIRECTORS OF THE INSURANCE COMPANY OF NORTH AMERICA, Plaintiff and Appellant, v. MOSES GARDNER, Defendant and Respondent.
    VERDICT, SETTING ASIDE AS AGAINST THE EVIDENCE.
    Before Monell, Ch. J., Curtis and Speir, JJ.
    
      Heard April, 1875;
    
      Decided May 3, 1875.
    
      Nathaniel A. Prentice, for appellant.
    
      R. S. Newcomb, attorney, and Albert Curdozo, of counsel for respondent.
    The action was to recover a premium of insurance.
    The questions involved at the trial were (1) whether the person who. acted on behalf of the defendant was authorized to enter into the contract which he made; (2) if not, then whether the defendant had ratified his acts.
    There was evidence given on behalf of plaintiff and defendant on both of these questions ; and the cause was submitted to the jury, who found for the defendant.
    A motion for a new trial on the Judge’s minutes, was made and denied, and an order denying the same entered. Judgment was entered on the verdict. Plaintiff appealed from the order and judgment..
    The question involved on the appeal was whether the the evidence was such as to call for setting aside verdict.
    
      Held, that it was not.
    Held also—(1) It is not proper to .interfere with a verdict rendered, unless it would have been proper for the court to have directed a verdict the other way. (2) It is only proper to direct a verdict when there is either no such a conflict in the evidence as requires the jury to determine the dispute, or such a clear preponderance of proof on the one side as would leave a verdict on the other unsupported. (8) In the case at bar there was no such clear preponderance in favor of the plaintiff, but on the contrary such a conflict of evidence as to require the jury to determine the dispute.
   Monell, Ch. J.,

wrote for affirmance.

Curtis and Speir, JJ., concurred.  