Legal Opinion

Fitzgerald v. Quann

New York Supreme Court

Decided May 15, 1881Published

Motion by Charles Q. Quann, one of the defendants, for a new trial on the minutes. The action was brought to recover damages for a slander uttered by the wife of Quann, and he was joined with her as defendant. The jury returned a general verdict in favor of the plaintiff. The facts are fully stated in the opinion.

1Opinion of the CourtRumsey, J.

— The point is strongly urged upon me, that having denied the motion for a nonsuit at the trial, upon the authority of another judge at the circuit, I should continue to follow that decision and deny this motion, without further examination. I should be glad if this were so; but as the object of allowing motions for a new trial to be made upon the minutes is to afford a cheap and speedy review of rulings at the circuit, that they may be corrected if wrong, I feel compelled to examine this question, upon the merits.

*332The defendant Mary L. Quann is the wife of the defendant Charles Q. Quann. She…

2Cases cited2 opinions

  1. Kowing v. . ManlyNew York Court of Appeals · 1872
  2. Malone v. StilwellNew York Court of Common Pleas · 1863

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