A verdict for plaintiff will be set aside as against the weight of the evidence, where, on the issue, whether defendant agreed to pay six per cent. interest for the loan, so as to render him liable to plaintiff for procuring a person ready to make a loan at that rate, defendant testified that he did not agree to pay six per cent., and his testimony was contradicted only by the agent through whom the loan was to be made, who testified to a conversation with defendant about the loan, and stated that the rate of interest was to be six per cent., but stated no conversation to that effect, and testified that he wrote defendant the next day that he would make the loan at six per cent.; that defendant at once refused, because the interest was too high, and that he told plaintiff so when the question of interest was broached; since it is apparent that the statement that six per cent. was to be paid was merely an inference by the plaintiff. Crandall v. Phillips, 43 N. Y. S. 299, 13 App. Div. 118.