Tarbell v. Finnegan
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Chenango county. Action by Gage E. Tarbell against George P. Finnegan and others. From an order granting defendants’ motion for a new trial on the ground of newly-discovered evidence, plaintiff-appeals.
1Opinion of the CourtMerwest, J.
The question whether the order appealed from was properly granted calls for some reference to the history of the case, and to the issues joined therein or litigated at the trial. In and prior to February, 1897, one Hill was the owner of a farm of about 170 acres in the town of 'Smithville. On the 17th day of February, 1897, Hill and the defendant George P. Finnegan entered into a written contract, in and by which Hill, in consideration of the sum of $3,500, agreed to sell to Finnegan 85 acres of the farm, being that part lying on the east side of the highway which ran through the premises.…
2Cases cited3 opinions
- Glassford v. LewisNew York Supreme Court · 1894
- Vollkommer v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Clark v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896