Toeg v. Margolies

Defendant appeals from an order denying a motion for new trial upon the ground of newly discovered evidence. The trial resulted in a judgment determining that the parties entered into an oral agreement of joint venture for the sale of 550 dozen pairs of women’s hosiery in Paris, France, and that defendant agreed to pay half of the cost of this merchandise and to share equally all expenses connected with the venture. The merchandise was taken to Paris by plaintiff, but was seized by the French Government upon the ground that plaintiff lacked a license, presumably to import the merchandise.…