Seligman v. Sivin
Appellate Terms of the Supreme Court of New York
Appeal from an order of the City Court of the city of hfew York, denying the motion of the defendants for a new trial on the ground of newly-discovered evidence and surprise.
1Opinion of the CourtGildersleeve, J.
The action was brought to recover $445.69. The case was submitted to a jury, who found for *59plaintiff. The defendants moved for a new trial on the grounds of newly-discovered evidence and surprise. This motion was denied, and from the order entered on such denial defendants appeal.
The complaint alleges that on August 1, 1903, the defendants, for the account of one Eva Kaplan, received the sum of $445.69, which sum belonged to said Eva Kaplan; that thereafter it was agreed by and between the said Eva Kaplan and defendants that said Eva Kaplan would loan and advance said money, which was then in…
2Cases cited1 opinion
- Biddescomb v. CameronAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Flock v. KaufmanAppellate Terms of the Supreme Court of New York · 1907