Jackson v. Brown
New York Supreme Court
Appeal from Queens county court. Action by Sarah M. Jackson against Pierre M. Brown for conversion. From an order granting a new trial after a verdict in favor of defendant, defendant appeals. Affirmed.
1Opinion of the CourtCullen, J.
This is an appeal from an order of the county court granting a new trial. The action was for conversion. The defendant pleaded a release. Plaintiff offered to prove that the release had been procured by fraud. The court excluded the proof on the ground that fraud was not set up in the pleadings, and directed a verdict for the defendant. On motion of the plaintiff, the court granted a new trial.
We think that the court erred, on the trial, in excluding the proof of fraud, and properly granted a new trial. Concededly, it erred in the ground upon which it excluded the testimony. But the defendant…
2Cases cited1 opinion
- Green v. . GreenNew York Court of Appeals · 1877
3Cited by2 opinions
- Brooklyn Heights Railroad v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Nesbit v. JencksAppellate Division of the Supreme Court of the State of New York · 1903