Colie v. . Tifft
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the eighth judicial district, affirming an order of the Special Term, setting aside a verdict rendered on issues settled, and directing new issues to be settled. The action is to establish a lien on premises conveyed by the plaintiff to the defendants for damages sustained by alleged fraudulent representations in procuring a conveyance of such premises.
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Appeal from an order of the General Term of the Supreme Court in the eighth judicial district, affirming an order of the Special Term, setting aside a verdict rendered on issues settled, and directing new issues to be settled. The action is to establish a lien on premises conveyed by the plaintiff to the defendants for damages sustained by alleged fraudulent representations in procuring a conveyance of such premises. The answer put in issue the plaintiff’s allegations of fraud. An order was entered on the 5th day of October, 1868, upon the stipulation of the attorneys for the respective…
1Opinion of the CourtGrover, J.
Whether the verdict rendered by the jury upon the questions of feet ordered to be tried should be set aside, and a new trial ordered, was, under the practice of the former Court of Chancery, a question addressed to the discretion of the court. (Lansing v. Russell, 2 Com., 563; Apthorp v. Comstock, 2 Paige, 482.) This has not been changed by the Code. (Forrest v. Forrest, 25th N. Y., 501.) Whether this discretion is exercised upon the ground of surprise, newly discovered evidence, incorrect rulings as to the competency of evidence, the weight of evidence, or as in the present case, that the…
2Cases cited1 opinion
- Apthorp v. ComstockNew York Court of Chancery · 1829
3Cited by13 opinions
- (AMERICAN) LUMBERMENS MUT. CAS. CO. v. Timms & HowardCourt of Appeals for the Second Circuit · 1939
- Learned v. . TillotsonNew York Court of Appeals · 1884
- Young v. . ValentineNew York Court of Appeals · 1904
- Carroll v. . DeimelNew York Court of Appeals · 1884
- McClave v. . GibbNew York Court of Appeals · 1898
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