Platt v. Munroe
New York Supreme Court
ACTION against the defendant as joint maker of a note with one Anderson, tried before Mullís, J. at the Oneida circuit, in dune, 1859, and a verdict rendered for the defendant. The defense was that the signature of the defendant’s name was a forgery. The note, shortly before the J une circuit in 1858, was put in the hands of Mr. Hillis, a counsellor of the court, with a view to a preparation for a trial at that circuit.
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ACTION against the defendant as joint maker of a note with one Anderson, tried before Mullís, J. at the Oneida circuit, in dune, 1859, and a verdict rendered for the defendant. The defense was that the signature of the defendant’s name was a forgery. The note, shortly before the J une circuit in 1858, was put in the hands of Mr. Hillis, a counsellor of the court, with a view to a preparation for a trial at that circuit. The cause was put over that circuit upon the application of the defendant, and the note remained with Mr. Hillis, who died in February, 1859. After his death the note could…
1Opinion of the Court
By the Court, Allen, J.
Motions for new trials are addressed to the discretion of the court, whether based upon the weight of evidence, surprise, or newly discovered evidence, or the fact that the party has been deprived of his evidence by accident or other like grounds. (Judges of the *293Oneida C. P. v. The People, 18 Wend. 79. People v. Judges of the Dutchess C. P., 20 id. 658.) In modem practice they are liberally granted, in furtherance of justice. The discretion spoken of is said to be a legal discretion, not arbitrary, and yet it is not governed by fixed rules, for then there were no…
2Cases cited4 opinions
- Noyes & Pettingill v. HewittNew York Supreme Court · 1837
- Guyot v. ButtsNew York Supreme Court · 1830
- Champion v. BostwickNew York Supreme Court · 1837
- Jackson ex dem. Rowley & Smith v. KinneyNew York Supreme Court · 1817
3Cited by20 opinions
- Glassford v. LewisNew York Supreme Court · 1894
- R. Connor Co. v. GoodwillieWisconsin Supreme Court · 1904
- Carpenter v. CoeNew York Supreme Court · 1873
- Rost v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Smith v. BallAppellate Division of the Supreme Court of the State of New York · 1910
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