Leavy v. Roberts
New York Court of Common Pleas
I. December, 1858.—Motion for new trial. The object of the action was to recover from the defendant the value of certain mantels furnished and put up by the plaintiff in houses owned by one Cronk. The defence was, that the mantels were not furnished for the defendant at his request, but were furnished and put up for and at request of Cronk. On the trial the plaintiff prevailed. On ground of newly discovered evidence, the defendant now moved for a new trial.
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I. December, 1858.—Motion for new trial. The object of the action was to recover from the defendant the value of certain mantels furnished and put up by the plaintiff in houses owned by one Cronk. The defence was, that the mantels were not furnished for the defendant at his request, but were furnished and put up for and at request of Cronk. On the trial the plaintiff prevailed. On ground of newly discovered evidence, the defendant now moved for a new trial. The contents of his affidavit are sufficiently stated in the opinion.
1Opinion of the CourtBeady, J.
The motion for a new trial on the ground of newly discovered evidence must be denied, for two reasons, viz.:
The evidence is cumulative, and the defendant has been guilty of a want of diligence.
The question presented and controverted on the trial was, whether the defendant was indebted to the plaintiff as charged in the complaint, upon a contract made between him and the plaintiff. The defendant, who was examined on his own behalf, after the examination of the plaintiff, denied that he had contracted as charged. The plaintiff then offered rebutting testimony, which being corroborative of the…
2Cases cited2 opinions
- Guyot v. ButtsNew York Supreme Court · 1830
- In re AnonNew York Supreme Court · 1831
3Cited by1 opinion
- Biagi v. HowesCalifornia Supreme Court · 1885