Erichson v. Sidlo
Appellate Division of the Supreme Court of the State of New York
Appeal from municipal court. Action by Benno Erichson against Bohumil W. Sidlo and another, trading as the Artistic Marble Company. From an order setting aside a judgment for defendants, and directing a new trial, defendants appeal.
1Opinion of the CourtWoodward, J.
The action here involved, was brought by the plaintiff to recover certain commissions alleged to be due him for contracts procured with third persons for the defendants. Upon the trial, judgment was entered in favor of the defendants. Subsequently the plaintiff made a motion, based upon affidavits alleging that one of his witnesses had failed to appear at the trial, and that his evidence was material to meet the testimony of one of the defendants, to set aside the judgment and for a new trial, under the provisions of chapter 748 of the Eaws of 1896. It is provided by the statute cited that a…
2Cases cited1 opinion
- Prager v. Borden's Condensed Milk Co.Appellate Terms of the Supreme Court of New York · 1901