Lewis v. McMillen
New York Supreme Court
MOTION by the defendants for a new trial upon a case with exceptions, directed to be heard in the first instance at general term. The action is upon a promissory note for $1000, made by McMillen as principal and Hannan and "Van Hess as sureties. It has been twice tried.
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MOTION by the defendants for a new trial upon a case with exceptions, directed to be heard in the first instance at general term. The action is upon a promissory note for $1000, made by McMillen as principal and Hannan and "Van Hess as sureties. It has been twice tried. (See 31 Barb. 395, S. C.) On the second trial at the Ontario circuit, on the 10th day of November, 1862, before Mr. Justice Welles and a jury, it was proved that on the 21st day of April, 1857, the plaintiffs, assignees of Cuyler Trask, entered into a contract with McMillen to sell to him a farm in Victor, of about ninety-six…
1Opinion of the CourtJohnson, J.
The learned justice before whom this cause was last tried, and whose rulings we are now called upon to review, felt constrained to adopt the same ruling substantially, which was made on the first trial of the cause in April, 1859, in order to prevent a complete failure of justice between the parties. That ruling was held to be erroneous, and a new trial was granted for that reason, by this court, at the March term, 1860. (See 31 Barb. 395.) The history of this case, since the first trial, seems to me to furnish a most forcible and convincing illustration-of the soundness of the ruling at the…
2Cases cited2 opinions
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Lewis v. McMillenNew York Supreme Court · 1860
3Cited by10 opinions
- Ewing v. . WightmanNew York Court of Appeals · 1901
- Lindsley v. . FergusonNew York Court of Appeals · 1872
- Veriscope Co. v. BradyCity of New York Municipal Court · 1902
- Coray v. MathewsonNew York Supreme Court · 1872
- Ewing v. WightmanAppellate Division of the Supreme Court of the State of New York · 1898
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