Coote ex rel. Jones v. Bank of the United States
U.S. Circuit Court for the District of District of Columbia
In this cause, at the last term, the plaintiffs obtained a verdict for $500, and the defendants moved for a new trial: 1st. Because the verdict was contrary to evidence; 2d. Because new evidence had been discovered; and, 3d.
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In this cause, at the last term, the plaintiffs obtained a verdict for $500, and the defendants moved for a new trial: 1st. Because the verdict was contrary to evidence; 2d. Because new evidence had been discovered; and, 3d. Because the court erred in refusing the instructions moved for by the defendants’ counsel. cited Swann v. Steele, 7 Bast, 210 ; Ridley v. Taylor, 13 East, 175; Wood v. Braddick, 1 Taunt. 104; 1 Montagu, 31; Gow, 59, 67; Dobb v. Halsey, 16 Johns. 38; Henderson a/nd Smith v. Wild, 2 Camp. 561. cited Montagu, 134; Hans v. Drummond, 4 Esp, 89 ; Reed v. White, 5 Esp. 122; Gow,…
1Opinion of the CourtCranch, C. J.
This is a motion for a new trial, in an action for money paid, laid out, and expended by the plaintiffs for the defendants; and for money had and received by the defendants for the use of the plaintiffs.
The reasons alleged for a new trial are: 1st. Because the verdict is against evidence; 2d. Because new evidence has been discovered since the verdict; 3d» Misdirection of the jury by the court in matter of law.
1. The first reason has not been relied upon by the defendants’ counsel.
2. The supposed newly-discovered evidence is this, that on the defendants’ scratch-book, which is the original…
2Cases cited2 opinions
- Walden v. SherburneNew York Supreme Court · 1818
- Hackley v. PatrickNew York Supreme Court · 1808
3Cited by2 opinions
- Caldwell Backing & T. Co. v. PorterOregon Supreme Court · 1908
- Render v. Arkansas Valley Trust Co.Court of Appeals for the Eighth Circuit · 1912