Williams v. Baldwin
New York Supreme Court
MOTION, on behalf of the defendant, for a new trial, on the ground of newly discovered evidence. The affidavits on both sides, were submitted to the Court, without argument.
1Opinion of the CourtWoodworth, J.
The defendant makes oath, that since the trial, and not before, he has discovered that Stephen Tappen was a material witness for him on the trial of this cause.
The question submitted to the jury was, whether a certain note of about 200 dollars, in favour of the defendant, against Rayner & Pinney, and which the defendant had sold to the plaintiff, was, or was not, included in the endorsement of 293 dollars and 50 cents, on the note, upon which the pre sent suit was commenced. The jury believing it was included, gave a verdict for the plaintiff for the whole amount claimed, deducting the…
2Cases cited3 opinions
- Vandervoort v. SmithNew York Supreme Court · 1804
- Hollingsworth v. NapierNew York Supreme Court · 1805
- Pomroy v. Columbian Insurance Co.New York Supreme Court · 1804
3Cited by21 opinions
- Houston & Texas Central Railway Co. v. ForsythTexas Supreme Court · 1878
- Fleming v. HollenbackNew York Supreme Court · 1849
- Finch v. GreenSupreme Court of Minnesota · 1871
- Nininger v. KnoxSupreme Court of Minnesota · 1863
- Alsop v. Commercial Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1833
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