Ishie v. Alfred E. Norton Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Bessie Ishie, as administratrix, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 27th day of July, 1916, granting defendant’s motion for a new trial herein on the ground of newly-discovered evidence.
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Appeal by the plaintiff, Bessie Ishie, as administratrix, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 27th day of July, 1916, granting defendant’s motion for a new trial herein on the ground of newly-discovered evidence. Appeal by the defendant, Alfred E. Norton Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 16th day of November, 1914, upon the verdict of a jury for $16,244, and also .from an order…
1Opinion of the Court
Shearn, J.:
The defendant has appealed from a judgment in favor of the plaintiff for the sum of $16,405.42, entered on the *96verdict of a jury, and from an order denying a motion for a new trial; and the plaintiff has appealed from an order setting aside the verdict and granting the defendant’s motion for a new trial upon the ground of newly-discovered evidence.
Under all the circumstances of the case, we are of the opinion that it does not appear that the trial justice improperly exercised the discretion vested in him by ordering a new trial. In view of the fact that there is to be a new trial,…
2Cases cited12 opinions
- Hegerich v. . KeddieNew York Court of Appeals · 1885
- Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
- Gould v. Cayuga County National BankNew York Court of Appeals · 1885
- Wade v. . KalbfleischNew York Court of Appeals · 1874
- Byxbie v. . WoodNew York Court of Appeals · 1862
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