Legal Opinion

Wilkins v. Abbey

New York Supreme Court

Decided June 30, 1938PublishedCited by 8 opinions

1Opinion of the CourtLapham, J.

This is a motion to set aside a verdict of no cause of action in favor of the defendant, and for a new trial upon the merits in an action on a promissory note given in connection with the sale of an automobile by the plaintiff to the defendant. The defendant interposed the defense of fraud and breach of warranty but the defense of fraud was stricken from the answer on the plaintiff’s motion at the close of all the evidence.

In support of his motion the plaintiff relies upon the misconduct of a juror in concealing on the voir dire examination, her intimate knowledge of the defendant and of his…

2Cases cited19 opinions

  1. Clyde Mattox v. United StatesSupreme Court of the United States · 1892
  2. People v. . SpragueNew York Court of Appeals · 1916
  3. People v. . FaberNew York Court of Appeals · 1910
  4. People v. . SheldonNew York Court of Appeals · 1898
  5. Payne v. BurkeAppellate Division of the Supreme Court of the State of New York · 1932

14 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State v. PearsonArizona Supreme Court · 1965
  2. Smith v. ShankmanCalifornia Court of Appeal · 1962
  3. Pirch v. Firestone Tire & Rubber Co.New Mexico Court of Appeals · 1969
  4. Burtch v. ShahAppellate Division of the Supreme Court of the State of New York · 1997
  5. Carolan v. AltrudaAppellate Division of the Supreme Court of the State of New York · 1962

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API