Starin v. Kelly
The Superior Court of New York City
This is an appeal from a judgment entered upon a verdict of a jury in favor of the plaintiff, and from an order denying a motion for a new trial on the minutes, and also from an order denying a motion for a new trial made on the case containing defendant’s exceptions, and upon the ground of newly discovered evidence and surprise at the trial.
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This is an appeal from a judgment entered upon a verdict of a jury in favor of the plaintiff, and from an order denying a motion for a new trial on the minutes, and also from an order denying a motion for a new trial made on the case containing defendant’s exceptions, and upon the ground of newly discovered evidence and surprise at the trial. The action was brought to recover the value of certain goods which the plaintiff claims were unlawfully taken and carried away by the defendant, by virtue of an attachment against one Besson, and which goods the plaintiff claims to have purchased from…
1Opinion of the Court
By the Court.—Truax, J.
There were no exceptions to the judge’s charge, and no requests to charge, and, therefore, both parties have admitted that the case was rightly submitted to the jury by the learned judge before whom the case was tried.
After the plaintiff, who was called as a witness in Ms own behalf, had testified that at the time he made this purchase he did not know that Besson was in any financial difficulty; that he thought he was perfectly solvent, and that he had never heard a word to the contrary, he was asked by his counsel the following question: “Did you make this purchase…
2Cases cited4 opinions
- Seymour v. . WilsonNew York Court of Appeals · 1856
- Stearns v. . GageNew York Court of Appeals · 1879
- Blaut v. . GablerNew York Court of Appeals · 1879
- Blaut v. GablerNew York Court of Common Pleas · 1878
3Cited by1 opinion
- Durfee v. BumpNew York Supreme Court · 1889