Thompson v. Welde
Appellate Division of the Supreme Court of the State of New York
Appeal,by the plaintiff, Adelaide Thompson, as administratrix, etc., of- Heirry Thompson, deceased, from an order of the Supreme Court,, made at the New York Special Term and entered in the office, of the -clerk of the county of New. York oil the 9th day of. February,. 1898, granting the - defendant’s motion for a "new trial made upon the ground of newly-discovered evidence.
1Opinion of the Court
Rumsey, J.:
The action was brought to recover for money had and received by the defendant to the use of Henry Thompson, the plaintiff’s intestate. The sole defense was payment. " The case has been twice tried. Before -the first trial • the defendant, pursuant to. an order of" the court, served, a" bill of particulars of the times of the various payments to the intestate and the amount of each. Upon *187the first trial the evidence relied upon to show the payment consisted only of certain admissions of the intestate, sworn to by various witnesses. Upon that evidence a judgment was directed in favor…
2Cited by11 opinions
- Frohlich v. ZeltzerAppellate Division of the Supreme Court of the State of New York · 1918
- Amalfi v. Post & McCord, Inc.Appellate Division of the Supreme Court of the State of New York · 1937
- Bridenbecker v. BridenbeckerAppellate Division of the Supreme Court of the State of New York · 1902
- Hagen v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- New Amsterdam Casualty Co. v. BeardsleyCity of New York Municipal Court · 1924
6 more not listed; retrieve them via the Exa API.