Moran v. Friedman
New York Supreme Court
Appeal from Rensselaer county court. Action by Bridget Moran against Harris Friedman for assault ■and battery. From a judgment in favor of plaintiff, and from an order denying a motion for a new trial on the ground of newly-discovered evidence, defendant appeals.
1Opinion of the CourtHerrick, J.
One of the appeals above entitled is from a judgment entered in favor of the plaintiff, and against the defendant; and the other is from an order denying a motion made for a new trial, upon the ground of newly-discovered evidence. Both appeals were argued together. Ordinarily, motions for new trial upon the ground of newly-discovered evidence will not be granted where such •evidence is cumulative, or is merely to impeach the veracity of witnesses sworn upon the trial; neither will it be granted unless it can be seen that the newly-discovered evidence is of such importance ns to admit the…
2Cases cited2 opinions
- Smith v. RentzNew York Supreme Court · 1893
- Brady v. Industrial Benefit Ass'nNew York Supreme Court · 1894