Quinn v. Lloyd
The Superior Court of New York City
This case was tried before a referee. The action was brought by the plaintiff as administrator of Richard Quinn, deceased, to recover against the defendant for services as draughtsman and surveyor. Upon the trial the plaintiff offered in evidence a letter from defendant to Richard Quinn, containing the terms and agreement of employment. Defendant’s counsel objected to the letter being admitted in evidence, on the ground that the letter was unstamped.
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This case was tried before a referee. The action was brought by the plaintiff as administrator of Richard Quinn, deceased, to recover against the defendant for services as draughtsman and surveyor. Upon the trial the plaintiff offered in evidence a letter from defendant to Richard Quinn, containing the terms and agreement of employment. Defendant’s counsel objected to the letter being admitted in evidence, on the ground that the letter was unstamped. The referee overruled the objection and defendant excepted. He found that the plaintiff was entitled to recover from the defendant a certain sum…
1Opinion of the Court
By the Court ;
Monell, J.
We have examined the several questions raised by the appeals in this case, and are satisfied no error was committed, except in the form of the judgment which was entered upon the referee’s report; and as we think that error can be corrected without a new trial, we shall order the judgment to be modified, and as modified to be affirmed.
The motion for a new trial was properly overruled. The affidavit upon which the motion was founded did not show that the evidence claimed to have been newly discovered could not have been, with reasonable diligence, ascertained before the…
2Cases cited1 opinion
- Carpenter v. SnellingMassachusetts Supreme Judicial Court · 1867
3Cited by4 opinions
- Cary v. Western Union Telephone Co.New York Supreme Court · 1888
- Gould v. MooreThe Superior Court of New York City · 1876
- Kelly v. FergusonThe Superior Court of New York City · 1873
- Stephens v. HoweThe Superior Court of New York City · 1873