Mosell Equities, LLC v. Berryhill & Co., Inc
Annotate this CaseIn 2009, Mosell Equities filed this action against Berryhill & Company and Mr. and Mrs. Berryhill (collectively "Berryhill"). The complaint alleged that Mosell Equities had loaned money to Berryhill and that it had failed to repay the loans. The case was tried to a jury in September 2009. During the trial, Messrs. Mosell and Berryhill provided widely divergent testimony regarding their relationship, whether the checks were actually loans, and what had transpired. The jury returned a verdict in favor of Berryhill on the claims regarding the alleged loans. Mosell Equities filed a motion for a judgment notwithstanding the verdict or, in the alternative, for a new trial. The district court granted a judgment notwithstanding the verdict as to part of a claim for relief, and the Supreme Court reversed that order on appeal. On remand, the district court granted Mosell Equities a new trial, and Berryhill appealed. After review, the Supreme Court reversed: by granting the motion for a new trial in order to enable Mosell Equities to try the case on a theory it did not raise in the first trial, the district court abused its discretion by failing to act consistently with the applicable legal standards. The district court was directed to enter judgment consistent with the original jury verdict.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.