Harris v. Eclipse Light Co.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from an order of the City Court of the city of Hew York, denying its motion to set aside verdict in favor of plaintiff on the ground, of misconduct of a juror. The motion was heard by the same judge who tried the case. The judgment upon the verdict has been previously affirmed by this court.
1Opinion of the CourtMcCook, J.
Upon the trial of the action, which was to recover for salesman’s commissions alleged to be due plaintiff from defendant, the jurors were asked separately, among other questions, whether they knew the defendant company or its officers, naming them. The negative answers received influenced counsel for defendant in his selections. Among the jurors so chosen was one Leon, a salesman, whose alleged misconduct is the subject of the motion to .set aside this judgment.
By his answering papers, respondent establishes the fact that in the deliberations of the jury Leon had no greater influence with his…
2Cases cited4 opinions
- People ex rel. NunnsAppellate Division of the Supreme Court of the State of New York · 1919
- Slater v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Fealy v. BullAppellate Division of the Supreme Court of the State of New York · 1896
- Ament v. Schubert Piano Co.Appellate Division of the Supreme Court of the State of New York · 1916
3Cited by2 opinions
- Lane v. VaseliusNew York Supreme Court · 1930
- Anthony v. SchofieldAppellate Division of the Supreme Court of the State of New York · 1943