Buffalo Cold Storage Co. v. Bacon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Napoleon B. Bacon, from an order of the Supreme Court, made at the Chautauqua Special Term and entered in the office of the clerk of the county of Orleans on the 18th day of August, 1909, granting the plaintiff’s motion for a new trial on the ground of newly-discovered evidence, and appointing a new referee to hear, try and determine the action. The ' trial already had was before a referee, who decided in favor of the defendant.
1Opinion of the Court
Williams, J.:
The order should be modified by providing that a new trial be conditional upon plaintiff’s paying the costs' and disbursements of the trial already had, including referee’s fees and disbursements in *264entering judgment, and the costs and disbursements upon the appeal from such judgment'to the Appellate Division, and ten dollars costs of the motion for a new trial, and as so modified affirmed, without costs of this appeal to either party.
After an examination of the record, which is . somewhat voluminous, and the memorandum by the justice before whom the motion was made and who…
2Cases cited2 opinions
- Brown v. Root Manufacturing Co.New York Court of Appeals · 1896
- Brooklyn Heights Railroad v. Brooklyn City RailroadAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by2 opinions
- People v. FayNew York Supreme Court · 1944
- Saranac Land & Timber Co v. RobertsNew York Supreme Court · 1917