It is also urged that plaintiffs' evidence was so overwhelming as to require the court to grant a new trial. It is the rule that on motion for a new trial we only set aside the jury's verdict where it is clearly against the great weight of the evidence. See McConville v. Remington Rand, Inc., 278 Mich. 333. It clearly appears that Edward Wolf purchased the rings and gave them to Nora Wolf; that Morton Wolf pawned the rings and they were redeemed by Edward Wolf. There is evidence that after the rings were redeemed it was agreed by Lottie Wolf, Morton Wolf and Nora Wolf that the rings would belong to Edward Wolf; and that Nora Wolf wore the rings with the consent of Lottie Wolf. Although the above evidence was given by interested parties and there is some circumstantial evidence which casts some doubt upon Edward and Lottie Wolf's ownership of the rings, nevertheless we are constrained to hold that the evidence in favor of ownership of Edward and Lottie Wolf is clearly against the verdict of the jury.
In Tyler v. Wright, 171 Mich. 579, the court held when it appears from the record that the trial court's instructions were proper, the trial was fair, well conducted, and impartial, and it does not appear the verdict was against the overwhelming weight of the evidence, it will not be set aside. See, also, Lignell v. Bruhns, 211 Mich. 346; Sweeney v. Adam Groth Co., 269 Mich. 436; and McConville v. Remington Rand, Inc., 278 Mich. 333. Odinetz is admittedly an individual who has had a questionable past and his place of business was under the constant surveillance of the police.
Subsequent conduct is always important in determining the nature of prior understandings. McConville v. Remington Rand, Inc., 278 Mich. 333. And it is undisputed in the record that subsequently Lapointe sold and Sundstrand purchased not only the stock of the American Company, but also valuable patents and patents pending, the services of Mr. Lapointe, a lease, and an option to purchase the real estate and buildings. In consideration, Sundstrand paid $291,450 (29,145 shares of Sundstrand stock at $10 a share).