Tracey v. . Altmyer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court of the first judicial department, affirming a judgment in favor of plaintiff entered upon a verdict; also appeal from order affirming an order of Special Term denying a motion for a new trial, on the ground of surprise and newly discovered evidence. The action was brought to recover for goods alleged to have been sold to defendants as partners.
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Appeal from judgment of the General Term of the Supreme Court of the first judicial department, affirming a judgment in favor of plaintiff entered upon a verdict; also appeal from order affirming an order of Special Term denying a motion for a new trial, on the ground of surprise and newly discovered evidence. The action was brought to recover for goods alleged to have been sold to defendants as partners. The facts pertinent to the question raised on appeal from judgment, are sufficiently stated in opinion. Subsequent to the entry of judgment on the verdict, a motion was made for a new trial…
1Opinion of the CourtGkoveb, J.
The only exception taken upon the trial, which was insisted upon by the counsel for the appellant upon the argument, was that taken to the refusal of the judge to grant a nonsuit. Ho ground for the motion was stated by the counsel, and it is well settled that such an exception cannot be sustained, for any defect in the plaintiffs’ proof, which might have been supplied had such defect been pointed out at the trial. That is a sufficient answer to the exception. A further answer in the present case is, that there was no such defect. That urged upon the argument was that the evidence showing that…
2Cases cited2 opinions
- Russell v. . ConnNew York Court of Appeals · 1859
- Selden v. . the Del. Hud. Canal Co.New York Court of Appeals · 1864
3Cited by30 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Wells v. . GarbuttNew York Court of Appeals · 1892
- Tilton v. BeecherNew York Court of Appeals · 1874
- Voisin v. Commercial Mutual InsuranceNew York Court of Appeals · 1890
- Courtney v. BakerNew York Court of Appeals · 1875
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