Lesser v. Wunder
New York Court of Common Pleas
Appeals from a judgment of the marine court of the city of New York, affirming a judgment of that court entered upon a verdict rendered by a jury under direction of the court; and from an order of that court affirming an order denying a motion for a new trial on the ground of newly-discovered evidence. The action was brought to recover for damages sustained by reason of a forged and false instrument purporting to be a satisfaction-piece of a chattel mortgage.
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Appeals from a judgment of the marine court of the city of New York, affirming a judgment of that court entered upon a verdict rendered by a jury under direction of the court; and from an order of that court affirming an order denying a motion for a new trial on the ground of newly-discovered evidence. The action was brought to recover for damages sustained by reason of a forged and false instrument purporting to be a satisfaction-piece of a chattel mortgage. The plaintiff had purchased, from the defendant Wagner, certain chattel property .which had been mortgaged by Wagner to one Hechler by…
1Opinion of the Court
Charles P. Daly, Chief Justice.
No appeal lies to this court from a decision of the general term of the marine court, granting or refusing a new trial, on the ground of newly-discovered evidence. See the cases enumerated in Wheeler v. Hudnutt, New York Com. Pleas, G. T., Dec. 1, 1879.
The judgment, however, will have to be reversed for the eiTor of the court in directing the jury, under the defendant’s exception,,to find a verdict for the plaintiff. The fact that the plaintiff paid Wagner for the shop, after the satisfaction-piece had been filed, rested entirely upon the plaintiff’s testimony.…
2Cases cited4 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Trustees of East Hampton v. . KirkNew York Court of Appeals · 1877
- Nicholson v. ConnerNew York Court of Common Pleas · 1879
- Hodge v. City of BuffaloSuperior Court of Buffalo · 1874
3Cited by5 opinions
- Metropolitan Elevated Railway Co. v. Manhattan Elevated Railway Co.New York Court of Common Pleas · 1884
- Smith v. PryorNew York Court of Common Pleas · 1890
- Mackey v. WebbNew York Supreme Court · 1889
- Streep v. McLoughlinAppellate Terms of the Supreme Court of New York · 1901
- Mackey v. WebbNew York Supreme Court · 1889