In re the Judicial Settlement of the Accounts of Cohen
New York Supreme Court
Appeal by Louis Cohen and another, as administrators, etc., of Margaret Mayer, deceased, and by Louis Cohen, individually, from an order of the Surrogate’s Court of the county of New York,, entered in the New York County Surrogate’s Court on the 16th day of June, 1894, denying the appellants’ motion for a new trial of the claim of the appellant Louis Cohen against the estate of Margaret Mayer, deceased.
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Appeal by Louis Cohen and another, as administrators, etc., of Margaret Mayer, deceased, and by Louis Cohen, individually, from an order of the Surrogate’s Court of the county of New York,, entered in the New York County Surrogate’s Court on the 16th day of June, 1894, denying the appellants’ motion for a new trial of the claim of the appellant Louis Cohen against the estate of Margaret Mayer, deceased. February 8," 1892, Bridget Neary died intestate, and June 16,. 1892, letters of administration were issued to Margaret Mayer and Louis Cohen on her estate, which amounted to $4,663 45. On the…
1Opinion of the Court
Follett, J.:
The order denying the motion for a rehearing is sustainable on four grounds: (1) It has long been the rule in this State that a motion for a new trial, because of newly-discovered evidence, must be founded on the affidavits of the newly-discovered witnesses, unless it is shown that they cannot be obtained. (Adams v. Bush, 1 Abb. Ct. App. Dec. 7; S. C., 2 Abb. Pr. [N. S.] 104; Denn v. Morrell, 1 Hall, 382; Roberts v. The Johnstown Bank, 38 N. Y. St. Repr. 563; S. C., 14 N. Y. Supp. 432; Matter of Collins, 6 Dem. 286 ; Gould v. Moore, 8 J. & S. 387; Garvey v. U. S. Horse & Cattle…
2Cases cited7 opinions
- Ford v. . HarringtonNew York Court of Appeals · 1857
- Evans v. EllisCourt for the Trial of Impeachments and Correction of Errors · 1846
- Denn ex dem. Hughs v. MorrellThe Superior Court of New York City · 1828
- Mason v. RingNew York Court of Appeals · 1861
- Roberts v. Johnstown BankNew York Supreme Court · 1891
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